IN RE: the Matter of J.N.H. (2026)

M.S. appeals from a judgment of modification entered by the Circuit Court of Jackson County. In two points on appeal, M.S. argues that the trial court erred in entering judgment without allowing her a meaningful opportunity to be heard and that the trial court erred in denying her request to set aside the proceedings at which she failed to appear. Because M.S. fails to provide a compliant record on appeal that allows us to determine the questions presented, the appeal is dismissed.

Rule 81.12 governs the contents of the record on appeal. Rule 81.12(a) provides:

The record on appeal shall contain all of the record, proceedings and evidence necessary to the determination of all questions to be presented, by either appellant or respondent, to the appellate court for decision. It is divided into two components: the legal file and the transcript.

Rule 81.12(b) provides that the appellant “shall prepare the legal file.” It further provides instructions for creating a system-generated legal file, as must be used when available, or a non-system generated legal file when a system-generated legal file cannot be used. Rule 81.12(b).

Rule 81.12(b)(2) governs the contents of non-system generated legal files. Rule 81.12(b)(2)(C) provides a list of documents that must be included in the legal file:

The legal file shall contain clearly reproduced exact copies of the pleadings and other portions of the trial record previously reduced to written form. The legal file shall always include: the docket sheet or case record, which contains a complete summary of all events in the case; the pleadings upon which the action was tried, the verdict, the findings of the court or jury, the judgment or order appealed from, motions and orders after judgment, and the notice of appeal, together with their respective dates of filing or entry of record; except that parties may agree in writing upon an abbreviated or partial record on appeal or upon a statement of the case as provided in Rule 81.13.

Rule 81.12(c) requires an appellant to include a transcript of proceedings necessary to the determination of issues on appeal.

In this matter, M.S. did not include a record on appeal sufficient to allow this Court to review her appeal. M.S. did not provide a sufficient legal file and did not provide a transcript of the proceedings.

Regarding the legal file, M.S. did not include the documents required by Rule 81.12. Although M.S. did include a docket sheet and some additional documents in the legal file, she failed to include the pleadings on which the action was tried, including the motion to modify and the answer. The legal file also does not contain the initial judgment of modification, a number of motions that were filed after the initial judgment of modification, the amended judgment of modification, and the notice of appeal.

Staff counsel for this Court informed M.S. that the legal file did not comply with Rule 81.12(b)(2)(C), informed M.S. of documents that would need to be included in the legal file, and requested that M.S. file a supplemental legal file including such documents within three weeks. M.S did not file a supplemental legal file.

As noted, M.S. also failed to provide a transcript of the proceeding, such that this Court lacks knowledge as to the record that the trial court made at the proceeding that occurred in her absence, including the record made by the trial court regarding the trial court's reasons for proceeding in that manner.

The omissions from the record prevent this court from reviewing M.S.’s point on appeal. When an appellant fails to provide a record on appeal that contains everything necessary to allow this court to determine the questions presented, the appeal must be dismissed. E.Y. v. C.T., 644 S.W.3d 325, 327 (Mo. App. E.D. 2022). In this matter, the record on appeal provided by M.S. failed to comply with Rule 81.12 and does not contain the documents necessary to allow this Court to review her arguments without guesswork and speculation.

Conclusion

The appeal is dismissed.

Thomas N. Chapman, Presiding Judge

All concur.