ALEX K. EASTON, D/B/A GEORGE EASTON FURNITURE COMPANY, APPELLANT,
v.
MURIEL A. WEIR, AS EXECUTRIX OF THE ESTATE OF EDWARD EARL WEIR, DECEASED, APPELLEE; ALEX K. EASTON, D/B/A GEORGE EASTON FURNITURE COMPANY, APPELLANT, EDWARD EARL WEIR, II, GARNISHEE, V. MURIEL A. WEIR, AS EXECUTRIX OF THE ESTATE OF EDWARD EARL WEIR, DECEASED, APPELLEE
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The appellate court affirmed the lower court's orders discharging the surety and the garnishee, finding the appellant's arguments to be substantially the same as those previously rejected. The court also expunged offensive language from the appellant's brief concerning the appellee's lawyer.
The court held that the lower court did not err in discharging the surety and the garnishee, and that the offensive language in the appellant's brief should be expunged from the record.
“No error having been made to appear in his appeal from the order discharging surety and from the' order discharging the garnishee, the orders herein appealed from are affirmed.”
This quote establishes the court's decision to affirm the lower court's orders.
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Join FLexlaw to unlock all legal intelligenceThe appellant, Alex K. Easton, d/b/a George Easton Furniture Company, appealed two orders from the lower court: one discharging the surety and another…
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We have studied the record, briefs and all other papers filed in this matter and find that appellant has substantially made the same argument in this appeal as he did in the case of Easton v. Weir, Fla.App.1960, 125 So.2d 115. No error having been made to appear in his appeal from the order discharging surety and from the' order discharging the garnishee, the orders herein appealed from are affirmed.
Appellee requests that certain language contained in appellant’s brief regarding ap-pellee’s lawyer be expunged from the record. This court takes judicial notice of the fact that appellee’s lawyer, Sam Mann, Jr., is a highly respected member of The Florida Bar. Therefore, that language contained in appellant’s brief going to Mr. Mann’s honesty and integrity should be and the same is hereby expunged from the record on the authority of State ex rel. Carter v. Beggs, Fla.1951, 51 So.2d 423.
Affirmed.
HOBSON, C. J., and LILES, J., concur.
MANN, J., concurs in result.