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appeal for license denial

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craig.anderson

New member
How do I refute an answer brief argument that was not preserved on appeal? Any argument I present to disprove their assertions are inherently not preserved for appeal.

I am in the middle of an appeal. Already submitted reply brief. However, the answer brief not only concedes to the initial brief's position that W2 employment was not needed for licensure, but presented arguments that were never raised at any hearing by the board. Further, the board moved to have my appendix and references to them stricken and I in turned moved to strike their non-cognizable arguments.
Today I receive an order granting their motion and denying mine... I am inherently silenced now and cannot refute their arguments, even though there is no evidence that they have been preserved their arguments for appeal

This is in Florida
 
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Just Blue

Senior Member
I am in the middle of an appeal. Already submitted reply brief. However, the answer brief not only concedes to the initial brief's position that W2 employment was not needed for licensure, but presented arguments that were never raised at any hearing by the board. Further, the board moved to have my appendix and references to them stricken and I in turned moved to strike their non-cognizable arguments.
Today I receive an order granting their motion and denying mine... I am inherently silenced now and cannot refute their arguments, even though there is no evidence that they have been preserved for appeal
What state?
 

quincy

Senior Member
I am in the middle of an appeal. Already submitted reply brief. However, the answer brief not only concedes to the initial brief's position that W2 employment was not needed for licensure, but presented arguments that were never raised at any hearing by the board. Further, the board moved to have my appendix and references to them stricken and I in turned moved to strike their non-cognizable arguments.
Today I receive an order granting their motion and denying mine... I am inherently silenced now and cannot refute their arguments, even though there is no evidence that they have been preserved for appeal

This is in Florida
What is your question?
 

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