in real property and defective construction cases). Appellants’ Point I is granted. Conclusion Accordingly, the trial court’s judgment on Jones’s claim and Appellants’ counterclaim is reversed. The causes are remanded for a new trial in accordance with this opinion. ELLIS, P.J., and EDWIN H. SMITH, J., concur. 1 . Gary Jones is not related to Respondent Joe Jones. We refer to him as "Gary” to avoid confusion between the two Joneses. 2 . Section 512.180.2 RSMo 2000 allows that "any person aggrieved by a judgment rendered in [a case tried before an associate circuit judge, which is not otherwise provided for in the statute,] may have an appeal upon that record to the appropriate appellate court.” 3 . See Scheble v. Missouri Clean Water Comm’n, 734 S.W.2d 541, 545 (Mo.App. E.D. 1987) (<HOLDING>) 4 .Rule references are to the Missouri Rules
holding court will not process or decide the merits of any case on appeal that does not comply with the statute holding that we must first determine our jurisdiction before proceeding to the merits of the appeal holding that failure of a respondent to file a brief is an imposition on this court and leaves us dependent upon appellants presentation and our own research however because no penalty is imposed by statute or rule we will proceed to determine the case on its merits holding that this court will not address the merits of an issue presented for the first time in a reply brief holding that it is proper to dismiss an appellants appeal for failure to file a brief or request an extension within the time allotted by the bankruptcy rules