Opinion
367240
12-19-2023
Shannon Blackman v. Tyler David Millward
LC No. 2019-002623-DS
Kathleen A. Feeney Presiding Judge Douglas B. Shapiro James Robert Redford Judges
ORDER
The motion for leave to file a reply to plaintiffs answer to motion to expand the record is GRANTED. The reply that was received on November 30, 2023, is accepted for filing.
The motion to expand the record is DENIED.
The motion to strike is GRANTED IN PART and DENIED IN PART. Exhibit D to defendant's appellant's brief and all references to the exhibit in the brief are STRICKEN. Within 14 days from the date of this order, defendant shall file an amended appellant's brief that makes no reference to the stricken exhibit and to which the stricken exhibit is not attached.
Shapiro, J. would deny the motion to strike and grant the motion to expand the record to include the June 7, 2021 letter from plaintiff to Judge Stutesman due to its relevancy to whether the statute of limitations applies on the basis of duress. Although the defendant should have made an offer of proof, I would grant the motion to expand the record since there was no evidentiary hearing and defendant was not represented by counsel.