Elmer Thummel v. Daryl King

These consolidated cases come before this court on transfer from the Missouri Court of Appeals, Kansas City District. In its written opinion (Turnage, J.), that court affirmed No. 773678 with modification and affirmed No. 772702. In the latter case, the court declined to consider all but two sub-points of appellant Swanders eighty page brief which attempted to raise nine points, one of which contained five sub-points, citing various failures to comply with Rule 84.04. In his application to transfer Swander alleged that such action by the court below was contrary to prior decisions of this court and presented a question of general interest and importance to the bar. We granted transfer in order to clarify what Rule 84.04 requires. We affirm No. 772702 and affirm with modification No. 773678.