Patrick Blanks v. Fluor Corporation (2014)

Citation: Patrick Blanks v. Fluor Corporation (2014)
Parent Document: Patrick Blanks v. Fluor Corporation (2014)
Jurisdiction: Missouri (state)
Effective Date: 2014-06-17
Original Source: https://www.courtlistener.com/opinion/2678642/patrick-blanks-v-fluor-corporation/ ↗

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numerous violations, ranging from an improper statement of facts to improper points relied on, to
inadequate citations to the record. The allegations contained in the children’s 74-page motion are largely
meritorious. The most egregious of defendants’ violations, and the one that most affected the disposition of
this appeal, is the defendants’ statement of facts. Rule 84.04(c) requires that an appellant’s fact statement
be a “fair and concise statement of the facts relevant to the questions presented for determination without
argument.” “The primary purpose of the statement of facts is to afford an immediate, accurate, complete
and unbiased understanding of the facts of the case.” Kent v. Charlie Chicken, II, Inc., 972 S.W.2d 513,
515 (Mo. App. E.D. 1998). Defendants’ statement violates the rule’s requirements and falls woefully short
of fulfilling its essential purpose. Defendants present a statement of facts entirely biased in their favor,
while ignoring and excluding the facts that support the verdict. An appellant must provide the facts in the
light most favorable to the verdict, not simply recount appellant’s version of the facts presented at trial. In
re Marriage of Weinshenker, 177 S.W.3d 859, 862 (Mo. App. E.D. 2005). Emphasizing facts favorable to
the appellant and omitting others essential to the respondent does not substantially comply with Rule 84.04.
Rothschild v. Roloff Trucking, 238 S.W.3d 700, 702 (Mo. App. E.D. 2007). Defendants also repeatedly
misstate the evidence. And their fact statement is inappropriately riddled with inflammatory language as
well as disparaging remarks about the trial judge, which we find entirely unjustified. Further, while the
parties may be intimately acquainted with the context of their litigation, the matter is new to this Court. It
is not this Court’s duty or place to comb through the record, ferreting out facts, to gain an understanding of
the case. Yet, this is exactly the position in which defendants placed this Court. The record on appeal
consists of transcripts totaling over 12,000 pages and a legal file that exceeds 6,600 pages. The parties also
filed over 1,400 exhibits with this Court. The defendants’ failure to provide an adequate statement of facts
resulted in the waste of judicial resources and added an inordinate amount of time to the disposition of this
appeal.
Compliance with the briefing requirements is required, not only so the appellant may give notice of the
precise matters at issue, but also so that unnecessary burdens are not imposed on the appellate court and to
ensure that appellate courts do not become advocates for the appellant. Thornton v. City of Kirkwood, 161
S.W.3d 916, 919 (Mo. App. E.D. 2005). Failure to comply with Rule 84.04 preserves nothing for review
and warrants dismissal of the appeal. Culley v. Royal Oaks Chrysler Jeep, Inc., 216 S.W.3d 235, 236 (Mo.
App. E.D. 2007). An inadequate statement of facts is grounds for dismissal. See Washington v. Blackburn,
286 S.W.3d 818, 820 (Mo.App. E.D. 2009). Given the gravity of this case, however, we have elected to
exercise our discretion to review the case, choosing instead to deal with the defendants’ violations as they
arise, in the body of our opinion. We therefore deny the children’s motion. The children also request that
this Court sanction defendant Fluor under Rule 84.19 for its conduct in knowingly presenting false and
materially misrepresented facts to this Court. We likewise deny that motion.

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