State Ex Rel. Sageser v. Ledbetter

On Motion for Rehearing or to Transfer

STONE, Presiding Judge.

The burden of appellants’ motion for rehearing or to transfer is that the trial court expressly declared that the eight-semester requirement was unreasonable, whereas we have affirmed the trial court’s judgment on another basis, i. e., the unreasonable and discriminatory application of that requirement to relator Ronnie under the specific circumstances shown in the transcript.

In appellate review of this court-tried case, our overriding concern is whether the trial court reached the right result and not whether the reason assigned by that court was correct or incorrect.11 Regardless of the theory on which the judg*235ment nisi was based, it should be affirmed if, on the evidence, such result properly could have been reached. C-- L-- R-- v. L-- B-- R--, 555 S.W.2d 372, 375(1) (Mo.App.1977); Ehrle v. Bank Bldg. & Equipment Corp. of America, 530 S.W.2d 482, 490-491(7) (Mo.App.1975); Godsy v. Godsy, 504 S.W.2d 209, 211(1) (Mo.App.1973).

Wholly aside from the reasonableness vel non of the eight-semester requirement, the transcript on appeal preserves and presents evidence that in our considered opinion clearly and convincingly demonstrated that the application of the eight-semester requirement to relator Ronnie was unreasonable and discriminatory in the specific circumstances shown.

With such evidence patently justifying and adequately supporting the judgment nisi, we deliberately chose to rest our heretofore-recorded conclusion on that unreasonable and discriminatory application of the eight-semester requirement, rather than essaying, on the record before us, a determination of whether or not the eight-semester requirement is reasonable vel non. The only evidence bearing upon the reasonableness vel non of the eight-semester requirement was (1) the footnote recommendation of the Missouri State Board of Education and (2) superintendent Ledbetter’s testimonial approval. On the other hand, Ledbet-ter readily conceded on cross-examination that there was no eight-semester requirement for graduation in the school system of the nearby city of Joplin, Missouri.12

In short, it has been and still is our view that the reasonableness vel non of the eight-semester requirement should not be determined on such scant evidence bearing upon that question as is contained in the transcript under review here.

In so limiting the basis of our holding to the unreasonable and discriminatory application of the requirement to relator Ronnie, we thereby affirm our reluctance to reach for questions not essential for resolution of the case before us. State ex rel. State Highway Commission v. Blair, 484 S.W.2d 36, 38 (Mo.App.1972); Ratterree v. General Motors Corporation, 460 S.W.2d 309, 315 (Mo.App.1970); Shelton v. M & A Electric Cooperative, 451 S.W.2d 375, 380 (Mo.App.1970). See McCaffrey v. Estate of Brennan, 533 S.W.2d 264, 266 (Mo.App.1976). “Sufficient unto the day is the evil thereof.” Matthew 6:34.

Appellants’ motion for rehearing or in the alternative to transfer to the Supreme Court of Missouri is overruled.

HOGAN and TITUS, JJ., concur.

. State ex rel. Patterson v. Tucker, 519 S.W.2d 22, 24(1) (Mo.App.1975); State ex rel. Pope v. Lisle, 469 S.W.2d 841, 842(1) (Mo.App.1971); White v. Smith, 440 S.W.2d 497, 512(21) (Mo.App.1969). See Edgar v. Fitzpatrick, 377 S.W.2d 314, 318(12) (Mo. banc 1964); Producers Produce Co. v. Industrial Commission, 365 Mo. 996, 291 S.W.2d 166, 170(1) (banc 1956); Webb v. St. Louis County Nat. Bank, 551 S.W.2d 869, 877(8) (Mo.App.1977); Drydale v. Kiser, 413 S.W.2d 506, 507(2) (Mo.1967).

. From the official state highway map [In re Village of Lone Jack, 419 S.W.2d 87, 91(6) (Mo. banc 1967); Walsh v. Table Rock Asphalt Construction Co., 522 S.W.2d 116, 118(1) (Mo.App.1975); Galemore v. Haley, 471 S.W.2d 518, 520 (Mo.App.1971)] and the 1970 United States decennial census report [Varble v. Whitecotton, 354 Mo. 570, 575, 190 S.W.2d 244, 246(4); Belle State Bank v. Industrial Com’n. Division of Employment Security, 547 S.W.2d 841, 843 (Mo.App.1977); Moulder v. Webb, 527 S.W.2d 417, 419(4) (Mo.App.1975)], we know judicially that Sarcoxie is a community of 1,175 persons situate in the southeast comer of Jasper County and that Joplin is a city of 39,256 persons situate in the southwest comer of the same county some 22 miles west of Sarcoxie.