Yes Chancellor Farms, LLC, Plaintiff/Respondent v. Vicki Merkel (2023)

Citation: Yes Chancellor Farms, LLC, Plaintiff/Respondent v. Vicki Merkel (2023)
Parent Document: Yes Chancellor Farms, LLC, Plaintiff/Respondent v. Vicki Merkel (2023)
Jurisdiction: Missouri (state)
Effective Date: 2023-05-09
Original Source: https://www.courtlistener.com/opinion/10629889/yes-chancellor-farms-llc-plain... ↗

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  Respondent moved to dismiss the appeal for failure to meet the briefing requirements in Rule 84.04(c). Appellants’
two-page statement of facts is not “an account of the facts that correspond to the factual statements in the
consecutively numbered paragraphs of Respondent’s . . . motion for summary judgment” and is, instead, “simply a
recitation of the procedural history.” Wichita Falls Prod. Credit Ass’n v. Dismang, 78 S.W.3d 812, 815-16 (Mo.
App. S.D. 2002). Our preference, however, is to decide an appeal on the merits where disposition is not hampered
by rule violations and the argument is readily understandable. Ruff v. Bequette Constr., 662 S.W.3d 90, 103 n.11
(Mo. App. E.D. 2023). Because the relevant facts generally are undisputed and are understandable, we choose to
review the appeal ex gratia. See id. The motion is denied.

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