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Has anyone filed a motion to strike an appeal or a portion of the appellate brief.

What I've got is a brief that does not brief the issues. No, or few citations to authority, or citations that are not supportive of the issue being briefed.

Additionally, I have a statement of facts that isn't supported by the record.

If you do move to strike, would you file a separate motion or include the motion in your reply brief?
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
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I havent done a motion to strike. I usually address the dribble in my brief with proper citation. However, I would file a motion with the brief. That way all of your eggs are not in one basket.
 
Posts: 286 | Registered: February 13, 2006Reply With QuoteReport This Post
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I've had a motion to strike work where a brief raised no claims regarding a case. I called it a defective Anders brief. I've done this twice where defendants appealed two cases but only raised errors in one. The result was the other side had to rebrief the second cause and dug themselves in deeper by being nasty to the court and me. Those motions are long lost, existing only in the paper file in my old county.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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Sorry, I don't have a sample for you. Generally when I have a brief like that, I address the issues as best I can (making sure to frame them most favorably to me, of course) and add in a response asking for the points to be dismissed as inadequately briefed.
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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