W. H. BAILEY AND MAY E. BAILEY, HIS WIFE, AND RUTH SCHILLING, A WIDOW, APPELLANTS,
v.
JOHN B. NEWMAN, APPELLEE
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 denied a motion to dismiss an appeal as frivolous and affirmed the lower court's foreclosure decree, finding the appeal lacked merit.
The appeal is not frivolous and the motion to quash is denied. The foreclosure decree is affirmed.
“From such examination of the briefs on the merits, which have all been filed, and from our inspection of the transcript of the record, the Court has reached the conclusion that the decree of foreclosure appealed from must inevitably be affirmed on the authority of Fagg Mill Work & Lbr. Co. v. Greer, 102 Fla. 955, 136 Sou. Rep. 679; Catlett v. White, 102 Fla. 110, 135 Sou. Rep. 565.”
This quote establishes the court's conclusion that the foreclosure decree should be affirmed based on its review of the record and relevant precedent.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellants appealed a foreclosure decree. Appellee moved to dismiss the appeal as frivolous. The court reviewed the briefs and record to consider the …
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 Foreclosure Decree cases and more on FLexlaw
Upon a motion to dismiss this appeal because it is frivolous, and subject to being quashed under Section 4639 C. G. L., 2920 R. G. S., the Court has been compelled to read and consider the briefs and record in the case.
From such examination of the briefs on the merits, which have all been filed, and from our inspection of the transcript of the record, the Court has reached the conclusion that the decree of foreclosure appealed from must inevitably be affirmed on the authority of Fagg Mill Work & Lbr. Co. v. Greer, 102 Fla. 955, 136 Sou. Rep. 679; Catlett v. White, 102 Fla. 110, 135 Sou. Rep. 565.
Therefore the motion to quash the appeal as frivolous is denied and the decree appealed from is affirmed on the authority of Grand Lodge K. of P. v. Goodall, decided at the present term, and Roberts Bros. v. Langford, 99 Fla. 1268, 128 Sou. Rep. 810.
Motion to quash appeal as frivolous denied and decree affirmed.
Whitfield, P.J. and Terrell and Davis, J.J., concur.
Buford, C.J. and Ellis and Brown, J.J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Krueger v. Nobles, 112 Fla. 7 (Fla. 1933)…red, ordered and decreed by the Court that the said decrees of the Circuit Court be, and the same are hereby affirmed. Grand Lodge K. of P. v. Stroud, 107 Fla. 152, 144 So. 324; Roberts Bros. v. Langford, 99 Fla. 1268; 128 So. 810; Bailey v. Newman, 107 Fla. 194, 144 So. 392. Affirmed. Davis, C. J., and Whitfield and Buford, J. J., concur.…
Authorities Cited
- Roberts Bros. v. Bertie Langford, 99 Fla. 1268 (Fla. 1930)
- Doyle E. Carlton v. Raulerson, 100 Fla. 10 (Fla. 1930)
- Fagg Mill Work & Lumber Co. v. Blanche C. Van Every Greer and Paul Greer, 102 Fla. 955 (Fla. 1931)
- W. A. Catlett and wife v. John F. White and his wife, 102 Fla. 110 (Fla. 1931)