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Motion To Strike Initial Brief

Motion to Strike Initial Brief

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DCHARLIP
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103 views4 pages

Motion To Strike Initial Brief

Motion to Strike Initial Brief

Uploaded by

DCHARLIP
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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IN THE FOURTH DISTRICT COURT OF APPEAL

IN AND FOR THE STATE OF FLORIDA

LINDA COX and ROBERT L. DCA CASE NO.: 4D2024-0531


WOLFGRAM, JR., L.T. CASE NO.: CACE20009989

Appellants,
v.

DAVID MEADORS,

Appellee.
_____________________________/

APPELLEE’S RESPONSE TO APPELLANTS’ MOTION TO


SUPPLEMENT THE RECORD ON APPEAL AND CROSS-
MOTION TO STRIKE INITIAL BRIEF

Appellee, DAVID MEADORS, by and through his undersigned


counsel, files this his response to Appellants, LINDA COX and
ROBERT L. WOLFGRAM, JR.’s Motion to Supplement the Record on
Appeal (“Motion”) and Cross-Motion to Strike Initial Brief, and in
support thereof states as follows:
1. Appellee has no objection to Appellant’s Motion.
2. Because Appellants are moving at this time to clarify
the record on appeal, Appellee believes that it is both timely and
appropriate to call this Court’s attention to improper record cites
and resulting improper, argumentative and unsupported portions
of the Amended Initial Brief that purport to deviate from the
underlying factual matters establishing the Appellants’ liability, all
of which would legally flow from the well-plead allegations of
Appellee’s Second Amended Complaint after the trial court’s entry

CHARLIP LAW GROUP, LC 1313 E. ROBINSON STREET, ORLANDO, FL 32801 T (305) 354-9313 F (305)354-9314 Page 1.
of a default against Appellants. Pro-Art Dental Lab, Inc. v. V-
Strategic Group, LLC, 986 So. 2d 1244, 1256, note 10 (Fla. 2008)
(“A default only admits the well-pled allegations of the
corresponding complaint”).
3. Appellants source such citations and characterization of
the relevant underlying facts from a document entitled
“JUDGMENT ON APPLICATION BY THE CROWN FOR THE
DEFENDANT TO BE TRIED IN HIS ABSENCE & PARALLEL DEFENCE
APPLICATION FOR THE DEFENDANT TO BE DEEMED
INVOLUNTARILY ABSENT FROM THE JURISDICTION”, attached by
Appellants as “Exhibit B-4” to their version of the Joint Pretrial
Stipulation. [R. 1448, 1487].
4. Such document was neither attached as an exhibit to
Appellee’s Second Amended Complaint [R. 189-239], nor
admitted by the trial court as an exhibit at the trial on damages
[R. 1563-64].
5. Notwithstanding the foregoing, Appellants cite to such
document as well as argue from the conclusions drawn by the
author of such document in numerous places throughout their
Amended Initial Brief (“AIB”) [AIB 2, 5, 6, 7, & 8].
6. “It is axiomatic that appellate review is confined to the
record on appeal. …. That an appellate court may not consider
matters outside the record is so elemental there is no excuse for
an attorney to attempt to bring such matters before the court.”
Thornber v. City of Fort Walton Beach, 534 So. 2d 754, 755 (Fla.
1st DCA 1988).

CHARLIP LAW GROUP, LC 1313 E. ROBINSON STREET, ORLANDO, FL 32801 T (305) 354-9313 F (305)354-9314 Page 2.
WHEREFORE, Appellee, DAVID MEADORS prays that this
Court strike Appellants’ Amended Initial Brief for the reasons
stated herein.
Dated this 5th day of September 2024.
Respectfully submitted,

CHARLIP LAW GROUP, LC


Counsel for Appellee David
Meadors
1313 E. Robinson Street
Orlando, Florida 32801
Tel: (305) 354-9313
Fax: (305) 354-9314

dcharlip@charliplawgroup.com

By: /s/ David H. Charlip____


David H. Charlip, B.C.S.
Florida Bar No.: 329932

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the


foregoing has been furnished to the parties listed below on this
5th day of September 2024 via the Florida Court’s E-Filing Portal.

Brandon S. Vesely, B.C.S.


Robert E. Biasotti, B.C.S.
Shannon L. Troutman, Esq.
THE FLORIDA APPELLATE FIRM, P.A.
1700 66th Street North, Suite 205
Saint Petersburg, FL 33710
Tel: (727) 823-5000
Email(s): bsv@floridaappellatefirm.com
bob@844appeals.com

CHARLIP LAW GROUP, LC 1313 E. ROBINSON STREET, ORLANDO, FL 32801 T (305) 354-9313 F (305)354-9314 Page 3.
shannon@844appeals.com
eserve@floridaappellatefirm.com
Counsel for Appellants Linda Cox & Robert L. Wolfgram, Jr.

By: /s/ David H. Charlip____


David H. Charlip, B.C.S.
Florida Bar No.: 329932

CHARLIP LAW GROUP, LC 1313 E. ROBINSON STREET, ORLANDO, FL 32801 T (305) 354-9313 F (305)354-9314 Page 4.

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