512.160. Questions considered on appeal--disposition by court--damages--executions. - Missouri Statutes

Questions considered on appeal--disposition bycourt--damages--executions.

512.160. 1. Apart from questions of jurisdiction of thetrial court over the subject matter and questions as to thesufficiency of pleadings to state a claim upon which relief canbe granted or a legal defense to a claim, no allegations of errorshall be considered in any civil appeal except such as have beenpresented to or expressly decided by the trial court.

2. No appellate court shall reverse any judgment, unless itbelieves that error was committed by the trial court against theappellant, and materially affecting the merits of the action.

3. The appellate court shall examine the transcript onappeal and, subject to the provision of subsections 1 and 2,award a new trial or partial new trial, reverse or affirm thejudgment or order of the trial court, or give such judgment assuch court ought to have given, as to the appellate court shallseem agreeable to law. Unless justice requires otherwise thecourt shall dispose finally of the case on appeal and no newtrial shall be ordered as to issues in which no error appears.

4. Upon the affirmance of any judgment or order, or upon thedismissal of any case, the appellate court may award to therespondent such damages not exceeding ten percent of the amountof the judgment complained of as may be just, and when suchjudgment shall be affirmed for part of the sum of which judgmentwas rendered by the trial court, such part of said judgment shallbear lawful interest from the date of the rendition of theoriginal judgment in the trial court.

5. The appellate court, upon the determination of any caseon appeal, may award execution to carry the same into effect, ormay remand the case, with the decision, to the trial court fromwhence the cause came, and such determination shall be carriedinto execution by such trial court.

(L. 1943 p. 353 § 140)

(1986) An appeal which amounts to nothing more than a request that the court of appeals substitute its judgment for that of a trial court is held frivolous. An assertion on an appeal of a position diametrically opposite of one taken at trial is held frivolous. Swanigan v. Crochett, 713 S.W.2d 41 (Mo.App.).