Online court documents indicate the court issued its ruling Tuesday.
Brazil's appeal came after Judge Nancy L. Schneider granted a summary judgment in favor of Roe in January.
According to St. Charles County online court documents, Judge Schneider ruled that Brazil, as a public figure "has submitted no substantial evidence or no genuine issue of material fact concerning actual malice."
On the second count of Brazil's lawsuit, which alleged he had been injured by what Roe wrote in August 2006 on his blog, The Source, the judge ruled that Brazil had not provided evidence showing he had lost anything other than attorney fees.
Brazil filed the initial libel suit against Roe in March 2007, as detailed in the March 30, 2007 Turner Report. Brazil took the action after Roe attacked him in two posts on "The Source" blog just before the August 2006 State Senate primary, which was won by Brazil's opponent, Scott Rupp, another client of Roe's.
The first attack, printed Aug. 1, 2006, accused Brazil of being drunk and partying loudly. On Aug. 4, Roe printed the post Brazil found the most egregious, which Roe removed from his blog months after the lawsuit was filed:
According to www.darwinawards.com, in 1982, Brazil was attempting to pull off a senior class prank at McCluer North High School in Florissant, Missouri. Brazil's plan was to deposit thousands of pounds of sand into the school’s faculty parking lot. Brazil even owned a dump truck that could be used to aid in the prank.
After quite a few beers, Brazil and his buddies loaded up the dump truck with sand and drove to the school. One of Brazil’s friends, Norval Pierce sat on top of the bed of the truck while Brazil dumped the sand. Brazil drove slowly while dumping, attempting to adequately spread the sand in the parking lot. As Brazil was driving, the truck jumped forward, throwing Pierce through the frame of the truck. Not realizing what had happened, Brazil continued to drive while drunk and dumping sand. Brazil proceeded to crush Pierce under the truck.
So now we have another instance of Brazil’s irresponsibility and not owning up to his mistakes. What else do we need to know Joe?
Roe's version of the story was disputed, not only by Brazil, but by others, including the Florissant police officer who made the stop and said no alcohol was involved, that it was just an accident, according to the O'Fallon Watchdog website.
Roe filed a countersuit at one point, but later dismissed the action.