Sheldon v. Tiernan

147 So. 2d 593
District Court of Appeal of Florida·Decided November 14, 1982·No. No. 3230·Published

Opinion

PER CURIAM.

The appellant has moved to strike portions of the appellee’s brief as an attempt to argue on appeal a factual issue not raised in the trial court. Appellate review is, of course, confined to the record on appeal. We find that the protested portion of appellee’s brief goes outside the record and that the appellant’s point is well taken. The motion to strike is granted. Maistrosky v. Harvey, Fla.App.1961, 133 So.2d 103, 105; Kelley v. Kelley, Fla.1954, 75 So.2d 191.

ALLEN, Acting C. J., and KANNER and WHITE, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Sheldon v. Tiernan, 147 So. 2d 593 (Fla. Ct. App. 1982).

147 So. 2d 593 (Sheldon v. Tiernan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Kelley v. Kelley
75 So. 2d 191 (Supreme Court of Florida, 1954)
Maistrosky v. Harvey
133 So. 2d 103 (District Court of Appeal of Florida, 1961)