JAMES BAILEY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1965-04-08
No. F-393
WIGGINTON, Acting Chief Judge, CARROLL, DONALD K., and RAWLS, JJ., concur.
173 So. 2d 708 Florida District Court of Appeal, First District (1965) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The briefs and the record on appeal having been read and given full consideration, and appellant having failed to demonstrate reversible error, the judgment of the lower court hereby appealed is affirmed.

While the appellant in his brief makes certain statements of fact which might, had they been properly alleged in a pleading and established in the record, have raised a justiciable issue, such facts are not so alleged or proved. Hence, since a brief is in no legal sense a pleading, it would be highly improper for us to consider such an issue based solely upon statements and arguments contained in the brief.

WIGGINTON, Acting Chief Judge, CARROLL, DONALD K., and RAWLS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Suiero v. State, 248 So. 2d 219 (Fla. 4th DCA 1971)
    …a search warrant relating to a premises in Dade County and a copy of a transcript of proceedings before a judge of a criminal court of Dade County, which attachments cannot cure omission from the record on appeal. See Bailey v. State, Fla.App.1965, 173 So. 2d 708; see also 2 Fla.Jur., Appeals §§ 207, 224. . See also Paula v. State, Ma.App.1966, 188 I So. 2d 170. >.2d 388, and State v. Lewis, Ma.App.1969, 225…
  • Miami Nat'l Bank v. Sobel, 198 So. 2d 841 (Fla. 3d DCA 1967)
    …b) and 72 C.J.S. Pledges § 31. . Fair v. Tampa Elec. Co., 158 Fla. 15, 27 So. 2d 514; Irving v. Irving, Fla.App. 1963, 157 So. 2d 544; 14 F.L.P., Judgments & Decrees, § 94. . Hall v. Hall, 93 Fla. 709, 112 So. 622; Shongut v. Malnik, Fla.App.1965, 173 So. 2d 708. . State ex rel. Huntley Bros., Inc. v. Gooding, Fla.App.1963, 149 So. 2d 55, 57; Shongut v. Malnik, supra. . McLain v. Pensacola Coach Corp., 152 Fla. 876, 13 So. 2d 221; Hutchinson v. Lott, Fla.App.1959, 110 So. 2d 442, 445; Fowlkes v. Sinnamon,…
  • Bailey v. State, 184 So. 2d 892 (Fla. 1st DCA 1966)
    …PER CURIAM. Affirmed. See Dancy v. State, 175 So. 2d 208 (Fla.App.1965), Simpson v. State, 181 So. 2d 185 (Fla.App.1966), and Bailey v. State, 173 So. 2d 708 (Fla.App.1965). RAWLS, C. J., and CARROLL, DONALD K., and JOHNSON, JJ., concur.…

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