This article confronts what I consider to be a questionable procedural tactic used by Missouri appellate courts to dispose of appeals from findings of fact. On occasion, the courts will summarily affirm the judgment if the courts do not believe the appellant's lawyer has presented all possible evidence in favor of the judgment. And the court is the sole arbiter of what is sufficient. As a retired lawyer on inactive status, I now feel free to express my opinion about the fairness of this tactic.
Please see full publication below for more information.