Whalen v. College of the Ozarks, Inc.

Plaintiffs appeal from summary judgment in favor of defendant on all counts of plaintiffs’ petition. The record on appeal consists of the “legal file” provided for in Rule 81.12(a).

The “statement of facts” in appellants’ brief is less than a page and a half in length. A fourth of the statement of facts is a portion irrelevant to the facts, referred to as “the issues on appeal”. There are five references to the legal file in the statement of facts. One refers to the “grounds” of plaintiffs’ petition. Two references are to an affidavit of a nonparty, Kimberly Kaye Jones, who apparently sought…