Legal Opinion · Concurrence

Alkema v. Widmeyer

Missouri Court of Appeals

Decided October 29, 1987No. 14961Published

1ConcurrenceMaus, Judge

I concur in the result. “Appellate review is limited to those issues presented in defendants’ points and they alone need be and are considered.” Smith v. Welch, 611 S.W.2d 398, 399 (Mo.App.1981). “It is not the function of the appellate court to serve as advocate for any party to an appeal. That is the function of counsel. It would be unfair to the parties if it were otherwise.” Thummel v. King, 570 S.W.2d 679, 686 (Mo. banc 1978). “Assignments of error set forth for the first time in the reply brief do not present issues for appellate review, accordingly the contention is denied.”…

2Cases cited15 opinions

  1. Thummel v. KingSupreme Court of Missouri · 1978
  2. Hossler Ex Rel. Dows v. BarrySupreme Judicial Court of Maine · 1979
  3. Application of GilbertSupreme Court of Missouri · 1978
  4. Smith v. WelchMissouri Court of Appeals · 1981
  5. Saporita v. LitnerMassachusetts Supreme Judicial Court · 1976

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API