Nelson v. Nelson

OPINION

BIRDSALL, Judge.

The trial court sitting without a jury dismissed this action at the close of the plaintiff-appellant’s case. The trial court gave as its reason, the statute of limitations. The motion to dismiss could just as well have been granted for another reason urged, that the evidence was insufficient to support any of the appellant’s various theories. Despite the obvious lack of proof the appellant’s counsel has filed both opening and reply briefs which contain facts represented to be shown by the evidence. These “facts” are figments of counsel’s imagination; they are what he…