Bailey v. State, F-393
| Citation | 173 So.2d 708 |
| Decision Date | 08 April 1965 |
| Docket Number | No. F-393,F-393 |
| Parties | James BAILEY, Jr., Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Bailey, Jr., in pro. per. for appellant.
Earl Faircloth, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee.
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 contained in the brief.
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Suiero v. State
...before a judge of a criminal court of Dade County, which attachments cannot cure omission from the record on appeal. See Bailey v. State, Fla.App.1965, 173 So.2d 708; see also 2 Fla.Jur., Appeals §§ 207, 224.2 See also Paula v. State, Fla.App.1966, 188 So.2d 388, and State v. Lewis, Fla.App......
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...concession. Nacius v. One W. Bank, FSB , 211 So. 3d 152, 153 (Fla. 4th DCA 2017). As observed by the First District in Bailey v. State , 173 So. 2d 708 (Fla. 1st DCA 1965) :While the appellant in his brief makes certain statements of fact which might, had they been properly alleged in a ple......
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Bailey v. State, G-495
...CURIAM. Affirmed. See Dancy v. State, 175 So.2d 208 (Fla.App.1965), Simpson v. State, 181 So.2d 185 (Fla.App.1966), and Bailey v. State, 173 So.2d 708 (Fla.App.1965). RAWLS, C.J., and CARROLL, DONALD K., and JOHNSON, JJ., ...