Stapp v. Roberts

RICE, Judge. In our opinion in the case of Great Atlantic & Pacific Tea Co. v. Smalley, 156 So. 639, 641, 1 we said: “The duty rests upon the appellant, in a civil case, to ‘point out’ error; * * * it includes pointing out, under the law — cited —why it is error.” The quoted statement received the approval of the Supreme Court. Great Atlantic & Pacific Tea Co. v. Smalley, ante, p. 176, 156 So. 641. In the instant case appellant’s counsel in his brief filed here — perhaps because the “error” did not exist — has failed to comply with the rule for reversal (provided, of course, the error was prejudicial to appellant’s rights) laid down above. *379 Hence the judgment must be, and is, affirmed. Affirmed. Footnotes [1] Ante, p. 176.