Silver Springs Shores, Inc. v. Department of Revenue

District Court of Appeal of Florida

Silver Springs Shores, Inc. v. Department of Revenue

336 So. 2d 382, 1976 Fla. App. LEXIS 15287

District Court of Appeal of Florida·Decided April 19, 1976·No. No. BB-314·Published

Opinion

PER CURIAM.

Respondent has filed herein a Motion to Strike Petitioner’s Brief for failure to comply with the Florida Appellate Rules. We have repeatedly admonished counsel of the importance of complying with Rule 3.7, FAR pertaining to the form and content of appellate briefs. (See American Baseball Cap, Inc. v. Duzinski, Fla.App. 1st 1975, 308 So.2d 639; Okaloosa Island L. Ass’n, Inc. v. Okaloosa Island A., Fla.App. 1st, 1975, 308 So.2d 120; Davis v. Sails, Fla.App. 1st 1975, 306 So.2d 615, and Smith v. Smith, Fla.App. 1st 1975, 309 So.2d 615) Failure to substantially comply with the requirements of that rule will result in this Court, either upon motion of the opposing party or of its own volition, striking such brief.

Examination of petitioner’s brief reveals that petitioner has not substantially [383] complied with the above mentioned rule. Accordingly, respondent’s motion to strike is granted and petitioner’s brief is hereby stricken. Petitioner is allowed 15 days from date hereof within which to file and serve an amended brief, complying with the Florida Appellate Rules.

IT IS SO ORDERED.

BOYER, C. J., and RAWLS and Mc-CORD, JJ., concur.

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PER CURIAM.

Respondent has filed herein a Motion to Strike Petitioner’s Brief for failure to comply with the Florida Appellate Rules. We have repeatedly admonished counsel of the importance of complying with Rule 3.7, FAR pertaining to the form and content of appellate briefs. (See American Baseball Cap, Inc. v. Duzinski, Fla.App. 1st 1975, 308 So.2d 639; Okaloosa Island L. Ass’n, Inc. v. Okaloosa Island A., Fla.App. 1st, 1975, 308 So.2d 120; Davis v. Sails, Fla.App. 1st 1975, 306 So.2d 615, and Smith v. Smith, Fla.App. 1st 1975, 309 So.2d 615) Failure to substantially comply with the requirements of that rule will result in this Court, either upon motion of the opposing party or of its own volition, striking such brief.

Examination of petitioner’s brief reveals that petitioner has not substantially [383] complied with the above mentioned rule. Accordingly, respondent’s motion to strike is granted and petitioner’s brief is hereby stricken. Petitioner is allowed 15 days from date hereof within which to file and serve an amended brief, complying with the Florida Appellate Rules.

IT IS SO ORDERED.

BOYER, C. J., and RAWLS and Mc-CORD, JJ., concur.

Silver Springs Shores, Inc. v. Department of Revenue, 336 So. 2d 382, 1976 Fla. App. LEXIS 15287 (Fla. Ct. App. 1976).

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336 So. 2d 382 (Silver Springs Shores, Inc. v. Department of Revenue) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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