Legal Opinion · Dissent

Gothard v. Spradling

Missouri Court of Appeals

Decided January 20, 1978No. 10762Published

1Dissent

*450FLANIGAN, Judge.

I respectfully dissent. I agree with that portion of the majority opinion which delineates the flaw in the transcript. I do not believe, however, that the appeal should be dismissed. I feel that the defect is correctable by an order of this court entered pursuant to Rule 81.12(c) which provides in part: “The appellate court may, if it seems necessary, order that a supplemental transcript on appeal shall be prepared and filed by either party or by the clerk of the trial court including any additional part of the record, proceedings and evidence . . . ” By dismissing this…

2Cases cited2 opinions

  1. Whealen v. St. Louis Soft Ball Assn.Supreme Court of Missouri · 1947
  2. Feigenbaum v. Van RaalteSupreme Court of Missouri · 1947

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