ALMA JEANNE SLIZYK, APPELLANT/CROSS-APPELLEE,
v.
STEVEN ALLEN SMILACK, APPELLEE/CROSS-APPELLANT

Fla. 5th DCA | 1999-06-11
No. 98-1838
W. SHARP, HARRIS and THOMPSON, JJ., concur.
734 So. 2d 1166 Florida District Court of Appeal, Fifth District (1999) Positive Treatment
Cited by 9 cases

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Synopsis

In this dissolution of marriage appeal, the Florida Fifth District Court of Appeal addressed multiple procedural motions filed by pro se parties regarding briefing compliance and record supplementation. The court granted a limited motion to supplement the record while denying most other motions and warning the parties against further abuse of court procedures.


Holding

The court granted the motion to supplement the record for six items and struck one document filed outside the record below, but denied all other pending motions. The court declined to strike the briefs despite the alleged violations and instead warned both parties against further abuse of court procedures.


Headnotes

[1] A court may strike a brief that violates rules regarding single-spaced footnotes, improper attachment of documents outside the record, or insufficient citation to the rec…

[2] A court may grant a motion to supplement the record to include documents filed in the lawsuit below.

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Key Quotes

“They appear to be trying to mirror their conduct in the trial court, which took six years to resolve and involved over 1,100 docket entries and 70 pretrial hearings despite the fact that, at least superficially, the issues are not complex.”

Establishes the court's observation that the parties had engaged in excessive motion practice and delay tactics both in the trial court and on appeal.

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Facts & Procedural History

This case involves a former husband (Steven Smilack, a licensed attorney) and former wife (Alma Slizyk) appearing pro se in a dissolution appeal. The …

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Opinion of the Court
PER CURIAM.

ON MOTION TO STRIKE APPELLEE’S AMENDED REPLY BRIEF AP-PELLEE’S MOTION TO SUPPLEMENT THE RECORD AND MOTION TO PERMIT LONGER BRIEF

PER CURIAM.

In this overly contested dissolution appeal, the parties are appearing pro se, although the former husband, Steven Smi-lack, is an attorney licensed to practice law in this state. Both have filed multiple motions, which have little merit, the effect of which has been to delay this court’s ability to process the appeal in a timely and efficient manner. They appear to be trying to mirror their conduct in the trial court, which took six years to resolve and involved over 1,100 docket entries and 70 pretrial hearings despite the fact that, at least superficially, the issues are not complex.1

The former wife, Alma Slizyk, filed a motion dated March 24, 1999 to strike Smilack’s cross-reply brief on the ground it violates Florida Rule of Appellate Procedure 9.210(a)(2) by including footnotes which are single spaced which allows him to exceed the per-page limitation, by im properly attaching documents outside the record, and by not properly citing to the record. She also claims the cross-appeal brief and answer brief violate the same rule for the same reasons. In general, she complains that Smilack has made deliberate misrepresentations.

On March 29, 1999, Slizyk filed a motion to strike the amended reply brief. She complains that Smilack did not request permission to amend his reply brief and that she was given permission to amend her cross-answer brief only. She reiterates the complaints stated in the March 24,1999 motion to strike.

On April 22, 1999, Slizyk filed an objection which reiterates the complaints she made in her March 24 and March 29 motions to strike.

Smilack replies that all of the objected to documents consist of papers filed in the lawsuit, except for one. He has filed a motion to allow him to supplement the record for six items which are not part of the record on appeal. We grant that motion and strike the document which was not filed in the record below.2 Smilack argues that the former wife’s briefs also fail to cite sufficiently to the record and if his briefs are to be stricken for this reason, hers should be also.

Except as stated above, we deny all the parties’ pending motions. This court has inherent power to prevent abuse of court procedure by inter alia prohibiting pro se parties from appearing without the assistance of counsel. Day v. Vinson, 713 So. 2d 1016 (Fla. 2d DCA 1998), Attwood v. Eighth Cir. Ct., Union County, 667 So. 2d 356 (Fla. 1st DCA 1995).

We warn the parties that motions are not to be used to present arguments which should be addressed in the briefs. Diaz v. Florida Department of Corrections, 511 So. 2d 669, 670 (Fla. 1st DCA 1987) nor to delay the progress of the appeal. The parties in this case have pushed the limit of this court’s patience and tolerance. Should they continue to file spurious motions, this court will take action to prevent and punish continuing motion practice abuses.

Motion to Supplement the Record GRANTED; document filed outside the record is STRICKEN; all other motions DENIED.

W. SHARP, HARRIS and THOMPSON, JJ., concur. . This was a short-term marriage; no children are involved; the parties executed an antenuptial agreement; there are no substantial marital assets.

. An acknowledgment of B. Randall Griffiths of receiving documents.


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Citator

Cited By

  • Montgomery Blair Sibley v. Sibley, 885 So. 2d 980 (Fla. 3d DCA 2004)
    …ery paper filed with the Clerk of this Court, no matter how repetitious or frivolous, requires some portion of the institution’s limited resources”). Lussy v. Fourth District Court of Appeal, 828 So. 2d 1026, 1027 (Fla.2002); see Slizyk v. Smilack, 734 So. 2d 1166 (Fla. 5th DCA 1999); Platel v. Maguire, Voorhis & Wells, P.A., 436 So. 2d 303 (Fla. 5th DCA 1983); Shotkin v. Cohen, 163 So. 2d 330 (Fla. 3d DCA 1964); see also Safir v. United States Lines, Inc., 792 F. 2d 19 (2d Cir.1986). In Safir the court stat…
  • Bolton v. SE Prop. Holdings, LLC, 127 So. 3d 746 (Fla. 1st DCA 2013)
    …the State with legitimate claims. Baldwin v. State, 104 So. 3d 390 (Fla. 1st DCA 2013). The Court has the inherent power to sanction such vexatious conduct, as well as to Order the pro se litigants to appear only through counsel. Slizyk v. Smilack, 734 So. 2d 1166 (Fla. 5th DCA, 1999). Because the trial court’s order implicates no liberty interest nor the right of access to the courts, the trial court was not required to follow the process in Spencer before barring the Boltons from further pro se appearances…

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