W. S. MCCLELLAND, PLAINTIFF IN ERROR,
v.
H. G. WHITSET, DEFENDANT IN ERROR
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court dismissed a writ of error and assessed damages against the plaintiff in error for filing a frivolous appeal. The court found the appeal was taken for delay because the appellant failed to file a required transcript of the record.
Yes, the writ of error was dismissed as frivolous and taken for delay because the appellant failed to file the required transcript of the record and showed no cause for this failure.
“and it appearing to the court that said writ of error was sued out on [*685] the 27th day of April, 1899, returnable to the first day of the present term, and that the plaintiff in error has failed to file any transcript of record as required by statute and the rules of court, and no cause being shown for the failure to prosecute the writ of error sued out, it is ordered that the said cause be docketed and the writ of error be and is dismissed as being taken against good faith and merely for delay”
This quote explains the basis for the court's decision to dismiss the writ of error.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe defendant in error (plaintiff below) obtained a judgment against the plaintiff in error (defendant below). The defendant filed a writ of error to …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Failure To Prosecute Appeal cases and more on FLexlaw
This action was brought by the defendant in error against the plaintiff in error. There was judgment for the plaintiff, and the defendant takes writ of error. Upon motion of the defendant in error to docket the cause and dismiss the writ of error and for damages as for proceedings in error taken merely for delay, and it appearing to the court that said writ of error was sued out on the 27th day of April, 1899, returnable to the first day of the present term, and that the plaintiff in error has failed to file any transcript of record as required by statute and the rules of court, and no cause being shown for the failure to prosecute the writ of error sued out, it is ordered that the said cause be docketed and the writ of error be and is dismissed as being taken against good faith and merely for delay; and that the sum of ten per cent, of the full amount of said judgment be allowed and assessed against the plaintiff in error as for a frivolous appeal, besides the costs in this court.