AIM BASED ON MALICIOUS PROSECUTION (App. 32, 41) (original emphasis). The footnote in question did not, and could not, raise a point on appeal. See Simkins Ind., Inc. v. Lexington Ins. Co., 714 So. 2d 1092, 1093 (Fla. 3d DCA 1998) ("an argument in a footnote does not elevate the matter to a point on ap