FordellCastle said:
MISSOURI/An appeals court document states 'Opinion Affirmed pursuant to Rule 84.16 (b)'. I have looked online, and can only find other cases with the same phrase listed. What is Rule 84.16 (b)? I am obviously not an attorney, so have no idea where to look other than here...
This means that the lower court's ruling was affirmed but no opinion was written.
http://www.courts.mo.gov/courts/ClerkHandbooksP2RulesOnly.nsf/c0c6ffa99df4993f86256ba50057dcb8/e43a2575286b55ef86256ca6005215d2?OpenDocument
84.16. Opinion in Writing - Memorandum Decisions and Written Orders - When Filed - How Endorsed and Transmitted
...
(b) Memorandum Decisions and Written Orders. In a case where all judges agree to affirm and further believe that an opinion would have no precedential value, disposition may be by a memorandum decision or written order. A memorandum decision or written order may be entered only when the appellate court unanimously determines that any one or more of the following circumstances exists and is dispositive of a matter submitted for decision:
(1) That a judgment of the trial court reviewable under Rule 84.13(d) is supported by substantial evidence and is not against the weight of the evidence (Note: see Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976));
(2) That a judgment of the trial court in a proceeding under Rule 24.035 or Rule 29.15 is based on findings of fact that are not clearly erroneous;
(3) That the evidence in support of a jury verdict is not insufficient;
(4) That the order of an administrative agency is supported by competent and substantial evidence on the whole record;
(5) That no error of law appears.
If a memorandum decision is issued, it shall state at least the following:
(1) The court from which the appeal comes;
(2) The nature of the proceedings below, e.g., trial by court, jury trial, administrative review, etc.;
(3) The nature of the case, e.g., personal injury or contract suit;
(4) Such other matters as in the opinion of the court are necessary for an understanding of the case; and
(5) A statement that the affirmance is in compliance with this Rule 84.16(b).
A written order may state only the action of the court.
A written statement may be attached to the memorandum decision or written order setting out the basis for the court's decision. The statement shall be unanimous, shall not constitute a formal opinion of the court, shall not be reported, and shall not be cited or otherwise used in any case before any court.
