Eyerman v. Mercantile Trust Co., NA

I dissent.

My initial, but not dominant, concern is the inadequacy of plaintiffs’ brief. Despite the mandate of Rule 84.04(c) that an appellant’s brief present a concise statement of relevant facts, plaintiffs’ brief merely sets out separate testamentary summaries by each of ten witnesses. Such summaries are permissible to supplement, but not to supplant, a concise statement of relevant facts. Plaintiffs’ inexcusable breach imposes upon the court a burden we should not assume, and this appeal should be dismissed for failure to comply with Rule 84.04(c). Donnell v. Vigus Quarries, Inc., 489…