Coiner v. Cales

EAGLES, Chief Judge.

In her original appellate brief and in her reply brief, plaintiff-appellant inappropriately refers to an affidavit by the Postmaster of Greenville, South Carolina, which sets out Post Office procedure for forwarding unclaimed packages. The trial court explicitly excluded this document from the appellate record in its 31 October 1998 Order Settling the Record on Appeal. Plaintiff did not assign error on appeal based on the trial court’s exclusion of the affidavit.

Defendant moved for sanctions and/or dismissal of plaintiff’s appeal on grounds that by disobeying the order of…