IN THE COUNTY COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA
| CASE NO. 05-2003-AP-38004-AXXX-XX
CASE NO. 05-2002-CT-64964-AXXX-XX |
APPELLEE'S MOTION TO STRIKE APPELLANT'S INITIAL BRIEF, DISMISS
THE APPEAL AND IMPOSE SANCTIONS
COMES NOW the State of Florida, by and through its undersigned Assistant State Attorney, and pursuant to Fla. R. App. P. 9.300, moves this court to Strike the Appellant's appeal, and impose sanctions. The Appellee grounds its motion in the following:
| 1. | Pursuant to Fla. R. App. P. 9.210(b), the contents of an Initial Brief shall contain the following in order:
(a) | A table of contents listing the issues presented for review, with references to pages. | (b) | A table of citations with cases listed alphabetically, statues and other authorities, and the pages of the brief on which each citation appears. | (c) | A statement of the case and of the facts, which shall include the nature of the case, the course of the proceedings, and the disposition in the lower tribunal. References to the appropriate volume and pages of the record or transcript shall be made. | (d) | A summary of argument, suitably paragraphed, condensing succinctly, accurately, and clearly the argument actually made in the body of the brief. | (e) | Argument with regard to each issue including the applicable appellate standard of review. | (f) | A conclusion. |
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| 2. | The Appellant's Initial Brief fails to comply with Fla. R. App. P. 9.201(b). The Appellant's Initial Brief fails to list any authority, fails to concisely detail the statement of the case and of the facts, fails to articulate any arguments for which the court could grant relief, and fails to state a conclusion. |
| 3. | The Appellant's appeal rest on the criminal case number 02-MMA-64964 in which he was charged with one count of Battery, a misdemeanor of the first degree. However, the case was nolle prossed on March 10, 2003 due to the death of the victim. |
| 4. | There are no issues for this Court to grant relief to the Appellant. |
| 5. | Pursuant to Fla. R. App. P. 9.410 the Appelle seeks sanctions for the Appellant's frivolous and vexatious filing of papers, motions and inital Appeal Brief. The Appellant has filed papers outside the nexus of the appeal and made allegations that are legally and factually unsounded.
(a) | The Appellant filed a Notice of Incomplete Record on February 10, 2003. In which the only argument the Appellant presents is Scripture, and fails to present any issues that the Court can address. |
(b) | The Appellant filed a Notice of Witness Tampering, Possible Murder or Attempted Murder allegations on March 3, 2003. The Notice contains no issues or facts pertinent to the Appeal. Further, the Notice merely asks for a deposition of individual. |
(c) | The Appellant filed a Summary of Matters, Relief and Restitution sought and a Caution on April 11, 2003. The Appellant seeks a billion dollars a year beginning from 1970, a customized SUV, and various non-addressable issues. Further, all aforecited mention documents are not in compliance with the Florida Rules of Appellate Procedures. |
(d) | The Appellant continues to abuse the Appellate system by filing documents that merely quotes Scripture, unrelated cases, and newspaper articles. |
(e) | The Appellant is solely using the Appellate court as a sounding board to espouse his political and religious views without articulating any issues before this Court. |
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| 6. | The Fourth District Court of Appeal ruled that the filing of any proceeding, motions, briefs, or other papers that are frivolous or in bad faith can be sanctioned pursuant to Fla. R. App. P. 9.410. Wood-Cohan v. Prudential Ins. Co. of America, 715 So.2d 999 (Fla. 4th DCA 1998). |
| 7. | This Court may apply sanctions or restrictions on the Appellant in order to prevent future vexatious, baseless, wasteful motions, appeals or petitions. McAliley v McAliley, 704 So.2d 611, (Fla. 4th DCA. 1997). |
| 8. | This court has jurisdiction to enjoin the Appellant from further filing of vexatious actions and pro se court appearances.
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WHEREFORE, the State of Florida, Appellee, moves for an ORDER striking Appellant's Initial Brief and imposing sanctions as deemed appropriate by the Court.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to GEORGE DESMOND BROWN AT POB 491 COCOA, FLORIDA 32923-0491 AND GEORGE DESMOND BROWN AT 343 RARRIESO APT I, COCOA FLORIDA, 32926, by facsimile/mail/courier/hand delivery, this 16th day of May 2003.
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