TBF Financial, L.L.C. v. Stone

I respectfully dissent. I agree with the principal opinion’s suggestion that the confused state of the record could hardly be overstated. However, it was the obligation of the plaintiff to make a record before the trial court that enabled that court to discern and decide the issues before it and that permits meaningful appellate review. State v. Fortner, 84 S.W.3d 507, 513 (Mo.App.2002). Plaintiff did not do so.

The principal opinion correctly states that a party who does not respond to requests for admission admits those matters; that a court must consider such admissions in deciding the…