St. Regis Paper Co. v. Hill, s. I--215
| Decision Date | 27 April 1967 |
| Docket Number | I--216,Nos. I--215,s. I--215 |
| Citation | 198 So.2d 365 |
| Parties | ST. REGIS PAPER COMPANY, a New York Corporation, Appellant, v. R. D. HILL, as County Tax Collector of St. Johns County, Florida et al., Appellees. ST. REGIS PAPER COMPANY, a New York Corporation, and Edwin C. Wilson et al., Appellants, v. R. D. HILL, as County Tax Collector of St. Johns County, Florida et al., Appellees. |
| Court | Florida District Court of Appeals |
Jones & Sims, Pensacola, for appellants.
Earl Faircloth, Atty. Gen., Fred M. Burns, Asst. Atty. Gen., Charles D. McClure, Tallahassee, and Willard Howatt, St. Augustine, for appellees.
ON MOTION TO STRIKE APPELLEE'S REPLY BRIEF
This matter is before the court on appellant's motion to strike the reply brief of the Comptroller, one of the appellees herein. The court file on this matter reflects that appellant has filed its main brief, the Comptroller has filed his brief of appellee, and appellant has filed its reply brief on March 18, 1967. The filing of all of the briefs last enumerated is expressly provided for by Florida Appellate Rule 3.7, 31 F.S.A.
On April 3, 1967, the appellee Comptroller filed a second brief entitled 'Reply Brief of the Comptroller.' Appellant has moved to strike said reply brief on the grounds that the Florida Appellate Rules do not authorize the filing of a reply brief by the appellee without consent of this court.
The office of a reply brief is to respond to new matters contended by an opposing brief. Under the scheme of appellate procedure adopted in this State, express provision has been made under which an appellant is permitted to file a brief in reply to appellee's brief. Florida Appellate Rule 3.7, subd. h. Appellee is permitted to argue in his brief all points presented by the appellant in his main brief '* * * and such additional points as appellee desires to present as fall within the assignments or cross-assignments of error.' Florida Appellate Rule 3.7, subd. g(3).
A review of the reported decisions in this State fails to reflect a case relating to the propriety of an appellee filing a reply brief, presumably in reply to appellant's reply brief. However, as noted above, our appellate rules do not authorize such a brief by the appellee. It is clear, however, that matters argued for the first time in an appellant's reply brief will not be considered by the reviewing court. See Pursell v. Sumpter Cooperative, Inc., Fla.App., 169 So.2d 515, fn. 2 at page 518.
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...overruled in part on other grounds by De Clements v. De Clements, 662 So.2d 1276, 1284 (Fla. 3d DCA 1995); St. Regis Paper Co. v. Hill, 198 So.2d 365, 366 (Fla. 1st DCA 1967); Pursell v. Sumter Elec. Coop., Inc., 169 So.2d 515, 518 n. 2 (Fla. 2d DCA 1964) (generally, matters raised for the ......
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...the appellant's main brief. Zerwal v. State Farm Mut. Auto. Ins. Co., 332 So.2d 645, 646 (Fla. 3d DCA 1976); St. Regis Paper Co. v. Hill, 198 So.2d 365, 366 (Fla. 1st DCA 1967); Pursell v. Sumter Elec. Coop., Inc., 169 So.2d 515, 518 n. 2 (Fla. 2d DCA Nor do I think errors relied on by the ......
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Reply briefs: rules and protocol in the battle for the last word.
...to rebuttal of the arguments made by the appellee in the answer brief. As the First District recognized in St. Regis Paper Co. v. Hill, 198 So. 2d 365,366 (Fla. 1st DCA 1967), "[t]he office of a reply brief is to respond to new matters contended by an opposing brief." Even though the reply ......