Legal Opinion

Bailey v. State

District Court of Appeal of Florida

Decided April 8, 1965No. F-393PublishedCited by 4 opinions

1Per 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…

2Cited by4 opinions

  1. Suiero v. StateDistrict Court of Appeal of Florida · 1971
  2. Bailey v. StateDistrict Court of Appeal of Florida · 1966
  3. ANAMARIE M. SCHROEDER A/K/A ANAMARIA M. SCHROEDER, etc. v. MTGLQ INVESTORS, L.P.District Court of Appeal of Florida · 2020
  4. Perkins v. PensonCircuit Court for the Judicial Circuits of Florida · 1990

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