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Shannon v. Office Max North Am. Inc.

The plaintiff's false imprisonment claim could not withstand summary judgment, since no evidence showed that any defendant ever physically restrained the plaintiff or threatened him with physical force.

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After Office Max North America, Inc. terminated his employment, Zachary Shannon brought an action against the company and two of its employees collectively, “Office Max” alleging, among other claims, false imprisonment, extortion, and defamation. The trial court granted summary judgment to Office Max on these claims, and Shannon appeals. Finding no error, we affirm. 1. We note that neither Shannon nor Office Max has properly cited the record in its brief. Court of Appeals Rule 25 c 2 iii provides that “reference to the record shall be indicated by specific volume or part of the record and by R-Page Number of the Record.” We remind counsel that our rules on the form of appellate briefs “were created not to provide an obstacle, but to aid parties in presenting their arguments in a manner most likely to be fully and efficiently comprehended by this Court.”1 And we will not cull the record on the parties’ behalf.2

2. Shannon first argues that the trial court erred in relying on excerpts from his deposition submitted by Office Max in support of its motion for summary judgment because the original deposition was not filed with the trial court. But “case law specifically allows a trial court to rely on deposition excerpts filed by a party in support of a motion.”3 Accordingly, this enumeration presents no basis for reversal.4

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