¶1 The appellant has moved to strike portions of the appellee’s brief as an attempt to argue on appeal a factual issue not raised in the trial court. Appellate review is, of course, confined to the record on appeal. We find that the protested portion of appellee’s brief goes outside the record and that the appellant’s point is well taken. The motion to strike is granted. Maistrosky v. Harvey, Fla.App.1961, 133 So.2d 103, 105; Kelley v. Kelley, Fla.1954, 75 So.2d 191.
147 So. 2d 593
Sheldon v. Tiernan
District Court of Appeal of Florida
Decided November 14, 1982
District Court of Appeal of Florida · decided 1982-11-14
Relies on Thames v. Thames · 133 So. 2d 103 - Maistrosky v. Harvey
Good law ✅— No negative treatment on recordhow we know
Decided 1982-11-14
How this case has been cited
Cited by 12 later decisions — most recently May 2011
12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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