PER CURIAM.
On application for trial de novo of a small claims case, John Ampleman ("Appellant") filed a pro se petition asserting breach of contract and negligence actions against Dish Network Service, LLC ("Dish") and Dish's alleged agent, Millennium Home Security, Inc. ("Millennium"), collectively, "Respondents." The source of Appellant's grievance was the allegedly faulty installation of a satellite dish and receiver, which, according to Appellant, resulted in damages of $300 to the facia of Appellant's house, $175 for the purchase of a replacement receiver, and medical expenses.
In its judgment, the trial court, among other things, expressly found that Appellant failed to prove damages. In his first point, Appellant contends that the trial court erroneously excluded evidence of damages — specifically, a signed invoice ("Exhibit 14") that, according to Appellant, evidenced his purchase of and the amount paid for a replacement receiver. The seller of the receiver, however, was not a party in the underlying lawsuit, and Respondents successfully objected to the admission of Exhibit 14 on the basis of lack of foundation and hearsay. Appellant made no contemporaneous argument in favor of the admission of Exhibit 14 or any offer of proof in response to the trial court's ruling. Although Appellant now
As an alternative argument in support of damages, Appellant contends in Point II that, "[t]he trial court erred in finding the Appellant has failed to prove damages in that there was evidence adduced that supported nominal damages." Appellant, therefore, asks this Court to enter a $1 award in his favor against Respondents. Appellant's request is both trivial and wholly lacking in merit.
For nominal damages to be appropriate, Appellant must have proved the existence of a contract and its breach. Evans v. Werle, 31 S.W.3d 489, 493 (Mo. App. W.D. 2000).
The flaw in Appellant's argument is that it is built upon the false premise that Appellant met his burden of proving the existence of a contract and its breach against Respondents. The record, however, reflects that no party in this action requested findings of fact and conclusions of law. Therefore, "[a]ll fact issues upon which no specific findings are made shall be considered as having been found in accordance with the result reached." Rule 73.01(c); Pearson v. Koster, 367 S.W.3d 36, 52 (Mo. banc 2012). In its judgment, the trial court noted that Appellant made no mention of Millennium during his case in chief and, therefore, proved neither liability nor damages with respect to that party. Regarding Dish, the trial court stated it "finds all issues in favor of" Dish and against Appellant. The trial court proceeded to note that Appellant "failed to prove any damages caused by" Dish or its agents. To the extent that these findings fail to dispose of all of the issues in this case, we must consider anything remaining in accordance with the result reached, i.e., against Appellant.
Quite simply, the record, as we must view it, reveals that Appellant failed to convince the trial court, as the finder of fact, that either Dish or Millennium breached a contract with Appellant. Point II is denied.
In Point III, Appellant alleges that he was denied a fair trial because he suffers from an alleged hearing disability. Specifically, he asserts that "[t]he trial court erred in allowing the trial to go
Section 476.753.1 requires a court to provide auxiliary aides and services to a deaf person based on that person's "expressed needs."
We find no such situation here. Without the benefit of counsel, Appellant provided his testimony to the trial court without any apparent issue. As pointed out by Appellant in his brief, the transcript reflects multiple instances where Appellant requested statements by Respondents' attorneys (usually objections) and rulings by the trial court be repeated. However, nothing in our review of the record reflects that the trial court did not adequately respond to Appellant's requests or that Appellant continued to remain unaware of what had been said. In fact, the record reveals Appellant's participation in such exchanges. Suffice it to say, Appellant has not convinced us that the outcome of the case was undermined by the trial court's failure to provide Appellant some sort of accommodation never specified. Point III is denied.
As an additional matter, Millennium has filed a motion for sanctions pursuant to Rule 84.19, which was taken with this case. Millennium argues that Appellant's appeal, with respect to Millennium, is frivolous and seeks damages of approximately $3,000 in attorney's fees.
Rule 84.19 provides that "[i]f an appellate court shall determine that an appeal is frivolous it may award damages to the respondent as the court shall deem just and proper." The purpose of sanctions under Rule 84.19 is two-fold: "(1) to
Based upon these principles, we find Appellant's failure to dismiss Millennium from this appeal warrants sanctions. In his brief, Appellant fails to identify any evidence in the record supporting a justiciable question regarding Millennium. He, instead, attempts to shoehorn in material from his appendix, which is not part of the record nor ever before the trial court. Where Appellant himself made no effort to present any evidence against Millennium at trial, there can be no justiciable question regarding Millennium on appeal. Accordingly, because Millennium has been forced to incur expenses associated with a meritless appeal, its request for an award of damages against Appellant is granted in the sum of $1,500.
The judgment of the trial court is affirmed and damages pursuant to Rule 84.19 are awarded to Millennium in the amount of $1,500.