CASEY ASKAR
v.
SUSAN ABO

Fla. 6th DCA | 2024-05-31
No. 2023-1084
2024 FL 6384 Florida District Court of Appeal, Sixth District (2024) Positive Treatment
Cited by 1 case

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Holding

Arguments raised for the first time in a reply brief are waived if not presented in the initial brief.


Headnotes

[1] Arguments not raised in an appellant's initial brief are waived and may not be raised for the first time in a reply brief.

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Facts & Procedural History

Casey Askar appealed a circuit court decision against multiple defendants including Susan Abo, Joanne Venetis, William Figlesthaler, and others. The a…

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Opinion of the Court

AFFIRMED. See Truehill v. State, 358 So. 3d 1167, 1186 n.12 (Fla. 2022)

(finding appellant waived arguments that were raised for the first time in his reply

brief but not raised in his initial brief (citing State v. Dougan, 202 So. 3d 363, 378

(Fla. 2016))), reh’g denied, No. SC20-1589, 2022 WL 18956655 (Fla. Nov. 17,

2

2022); see also Hoskins v. State, 75 So. 3d 250, 257 (Fla. 2011) (finding argument

not raised in the initial brief was barred).1

TRAVER, C.J., and SMITH and BROWNLEE, JJ., concur. Donald G. Peterson and Yasser Lakhlifi, of Yarnell & Peterson, P.A., Naples, and Nicholas A Shannin, of Shannin Law Firm, P.A., Orlando, for Appellant. Matthew M. Jackson and Matthew S. Toll, of Toll Law, Fort Myers, for Appellee, Joanne Venetis. Damian C. Taylor, of Coleman, Taylor, Klaus, Doupé, Diaz & Torrez, P.A., Naples, for Appellee, William Figlesthaler. David P. Fraser, of Holmes Fraser, P.A., Naples, and Jeff Kottkamp, of Jeff Kottkamp, P.A., Tallahassee, for Appellees, Benjamin Galbraith, Victory Insights, LLC, Rachel Hurley, Matthew Hurley, and Andrew Duskin. No Appearance for Appellees, Susan Abo and Stanley Carter.


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Citator

Cited By

  • Askar v. ABO (Fla. 6th DCA 2024)
    …o. 3d 1167, 1186 n.12 (Fla. 2022) (finding appellant waived arguments that were raised for the first time in his reply brief but not raised in his initial brief (citing State v. Dougan, 202 So. 3d 363, 378 (Fla. 2016))), reh’g denied, No. SC20-1589, 2022 WL 18956655 (Fla. Nov. 17, 2022); see also Hoskins v. State, 75 So. 3d 250, 257 (Fla. 2011) (finding argument not raised in the initial brief was barred).1 TRAVER, C.J., and SMITH and BROWNLEE, JJ., concur. Donald G. Peterson and Yasser Lakhlifi, of Yarnell…

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