JOHN C. WILLIAMS, PLAINTIFF IN ERROR
v.
FREDERICK J. LAPENOTIERE, DEFENDANT IN ERROR
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The Florida Supreme Court held that the plaintiff in error's failure to pay damages from a prior frivolous appeal does not warrant dismissal of the current writ of error. The court also found that a prior motion constituted an appearance by the defendant in error, curing any defect in service.
The court held that the failure to pay prior damages is not a ground for dismissing the current writ of error, as the defendant in error has other remedies for collection. The court further held that the prior motion constituted an appearance by the defendant in error, curing any defect in the service of the scire facias.
“That the plaintiff in error has not paid the damages allowed as for a frivolous appeal, by the judgment of this court rendered at the June term, 1889, dismissing the appeal on account of appellant’s omission to file the transcript of the record here within the time required by law, (Williams vs. LaPenotiere, 25 Fla., 473; S. C. 6 So. Reporter, 167,) is no ground for dismissing this writ of error.”
Establishes that failure to pay damages from a prior frivolous appeal is not grounds for dismissing the current writ of error.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error (appellant) failed to pay damages previously awarded by this court for a frivolous appeal. The defendant in error (appellee) mo…
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Raney, C. J.
That the plaintiff in error has not paid the damages allowed as for a frivolous appeal, by the judgment of this court rendered at the June term, 1889, dismissing the appeal on account of appellant’s omission to file the transcript of the record here within the time required by law, (Williams vs. LaPenotiere, 25 Fla., 473; S. C. 6 So. Reporter, 167,) is no ground for dismissing this writ of error. The appellee, then, who is now defendant in error, has a sufficient remedy for collecting the amount allowed him as damages. Objections to any part of the record as having been filed here since the writ of error was granted on the appeal transcript then on file here, are not grounds for dismissing the writ of error. The alleged defect in the service of the scire facias ad audiendmn errores has, if it existed, been cured by the motion made in this court in February last by the attorney who presents the present motion, he acting then as now for the defendant in error, and asking an order that the transcript be sent to him with a view to his ascertaining the necessity of suggesting a dimunition of the record and to complete the same, to the granting of which motion the counsel of record forplaintiff in error assented. This motion constituted an appearance in this court by the defendant in error to the proceedings in error. The motion should be denied, and the costs of it taxed against defendant in error, and it will be so ordered.
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Citator
Cited By
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Oppenheimer v. Guckenheimer, 34 Fla. 13 (Fla. 1894)
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Garner v. Garner, 83 Fla. 143 (Fla. 1922)…the cause in this court. Oppenheimer v. Guckenheimer, 34 Fla. 13, 15 South. Rep. 670; Southern States Land & Timber Co. v. Lowe, 61 Fla. 775, 55 South. Rep. 73; Henry Vogt Mach. Co. v. Milton Land & Investment Co., supra., Williams v. La Penotiere, 26 Fla. 333, 7 South. Rep. 869. The transcript of the repord is properly authenticated for filing in this court. Motion to dismiss denied. Browne,/C. J., and Taylor, Ellis and West, J. J., concur.…
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Williams v. LaPenotiere, 32 Fla. 491 (Fla. 1893)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. LaPenotiere, 25 Fla. 473 (Fla. 1889)