FREDERICK WILLIAMS, APPELLANT,
v.
WINN-DIXIE STORES, INC., A CORPORATION, AND CARR-TECH INDUSTRIES, INC., A CORPORATION, APPELLEES
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The court granted the motion to strike the appellant's initial brief.
The appellee moved to strike the appellant's initial brief, arguing it violated Rule 9.210 of the Florida Rules of Appellate Procedure. The brief's st…
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PER CURIAM.
Appellee has moved to strike the initial brief of appellant as violative of Rule 9.210, Florida Rules of Appellate Procedure. We agree that the statement of the case and facts is unduly argumentative and contains matters immaterial and impertinent to the controversy between the parties. Additionally, the index to the brief lists nine points on appeal, but in the argument section, appellant fails to specifically denominate these nine points to provide for “argument with regard to each issue” as required by Rule 9.210(b)(5), Florida Rules of Appellate Procedure. Accordingly, we grant the motion to strike.
We write to call attention to the fact that the citations to the record contained in the initial brief are also inadequate. Rule 9.210(b)(3), Florida Rules of Appellate Procedure, requires references to the appropriate pages of the record or transcript. Appellant’s statement of the case and facts fails to comply with this rule. For example, appellant uses three pages to summarize the testimony he gave at trial. There is not one reference to the record throughout those three pages. At the end of the summary of the testimony, appellant has a parenthetical reference which states “Williams’ testimony, as stated above, is at transcript volume 1, page 94, line 22 to page 160, line 12.” One citation to 66 pages of testimony to support three pages of factual recitation is inadequate for purposes of review of the merits of this appeal.
Appellee’s motion to strike is granted. Appellant shall serve an amended initial brief within ten days which deletes all legal argument contained in the statement of the case and facts, specifically denominates the nine points on appeal in the argument section of the brief and makes pinpoint citations to the record on appeal to substantiate each statement made in the brief.
JOANOS, ZEHMER and MINER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Irve Gladstone v. Smith, 729 So. 2d 1002 (Fla. 4th DCA 1999)…docket entries from court cases which do not deal with the subject matter of any of the consolidated appeals. Even where an appeal might have merit, the failure to adhere to the record on appeal can be fatal. See Williams v. Winn-Dixie Stores, Inc., 548 So. 2d 829 (Fla. 1st DCA 1989) (granting motion to strike appellant’s brief where appellant’s statement of the case and facts was unduly argumentative and the citations to the record were inadequate). Gladstone’s claims are closely analogous to those of the p…
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White v. White, 627 So. 2d 1237 (Fla. 1st DCA 1993)…little question regarding failure to comply with rule 9.210, Florida Rules of Appellate Procedure. Normally, we would strike the brief and order appellant to file a proper brief within a set number of days. E.g., Williams v. Winn-Dixie Stores, Inc., 548 So. 2d 829 (Fla. 1st DCA 1989). However, particularly egregious derelictions demand harsher action. See, e.g., Thompson v. State, 588 So. 2d 687 (Fla. 1st DCA 1991) (convictions affirmed when initial brief failed to include full and fair Statement of Facts). H…
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Greenfield v. Wynn Westmoreland (Fla. 3d DCA 2007)…ief reflects multiple violations of the appellate rules. The Statement of the Case and the Facts is unduly argumentative and contains matters immaterial and impertinent to the controversy between the parties. See Williams v. Winn-Dixie Stores, Inc., 548 So. 2d 829 (Fla. 1st DCA 1989)(striking Williams’ initial brief because it was unduly argumentative and contained matters immaterial and impertinent to the controversy between the parties). Citations to the record are inadequate throughout the brief. See Davis…
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