dissenting.
The circuit court dismissed plaintiffs petition for damages he allegedly suffered from sexual abuse while a minor. Because the validity of a state statute is at issue, this case was transferred from the Court of Appeals, Western District.
Appellant presented three points relied on to this Court, which are in total:
I. MO.STAT. § 537.046 IS PRESUMED CONSTITUTIONAL.
II. MO.STAT. § 537.046 IS PURELY PROCEDURAL AND THUS MAY BE APPLIED RETROACTIVELY.
III. LAWS ACROSS THE COUNTRY SUPPORT THE RETROACTIVE APPLICATION OF MO.STAT. § 537.046.
The points relied on are woefully insufficient. The governing standard is Rule 84.-04(d):
The points relied on shall state briefly and concisely what actions or rulings of the court are sought to be reviewed and wherein and why they are claimed to be erroneous.... Setting out only abstract statements of law without showing how *343they are related to any action or ruling of the trial court is not in compliance with this rule.
In this case, the points relied on do not attempt to identify any actions or rulings of the trial court. In a landmark case, this Court refused to review points that did, at least, include the opening phrase “the court erred in ... ”. Thummel v. King, 570 S.W.2d 679, 684 (Mo. banc 1978). Plaintiff here fails this elementary test, which is required to preserve a question for review. Id.
More seriously, the points relied on fail to specify wherein and why the ruling of the trial court was erroneous. This is the most common source of error in appellate briefing. Thummel v. King, 570 S.W.2d at 685, citing Weier & Fairbank, Why Write a Defective Brief?, 33 J.Mo.Bar 79, 88-91 (1977). Plaintiffs points relied on do not attempt compliance with this part of Rule 84.04(d).
Plaintiffs points relied on are abstract statements of law that do not demonstrate how they are related to any action or ruling of the court. Plaintiffs points are thus not in compliance with Rule 84.04(d), by its very terms.
Cases should be heard on the merits if possible, construing the court rules liberally to allow an appeal to proceed. Sherrill v. Wilson, 653 S.W.2d 661, 663 (Mo. banc 1983). While not condoning non-compliance with the rules, a court will generally, as a matter of discretion, review on the merits where disposition is not hampered by the rule violations. Thummel v. King, 570 S.W.2d at 690.
This Court has, in past cases, searched the argument portion of the brief in order to determine the contentions asserted. Thummel v. King, 570 S.W.2d at 686; Brown v. Hamid, 856 S.W.2d 51 (Mo. banc 1993). In this case, an examination of the briefs and legal file does not clarify plaintiffs position. For example, in his opening brief, plaintiff states plainly:
John Z. Doe [plaintiff] disputes that the statutes of limitation which were originally applicable to his claim are time-barred. That issue is not, however, pertinent to this appeal. Accordingly it is not addressed in this memorandum [sic].
Then, in his reply brief, plaintiff asserts as a point relied on:
I. THE TRIAL COURT ERRED IN RULING THAT MO.STAT. § 537.046.2 VIOLATES ARTICLE I, § 13 OF THE MISSOURI CONSTITUTION.
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B. The General Statutes of Limitation Did Not Expire Until After John Doe Commenced This Cause of Action, Thus, Respondents Never Acquired Vested Rights.
The reply brief directly contradicts the opening brief.
This case demonstrates the “threshold function” of points relied on:
... to give notice to the party opponent to the precise matters which must be contended with and answered. Thummel v. King, 570 S.W.2d at 686.
Inadequate points create a root problem: this Court may interpret a contention differently than does the opponent or differently than was intended by the party asserting the contention. Id.
At stake in this case is the constitutionality of a statute adopted by the General Assembly and approved by the Governor. This Court should step carefully when considering the constitutionality of statutes. Courts should avoid considering constitutional issues unless clearly presented. In the face of wholly inadequate briefing by the appellant, this Court should not reach out to address the constitutionality of a statute. I believe that the appeal should be dismissed.