STEPHEN RICHARDS, APPELLANT,
v.
JAMES NALL, APPELLEE
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The Florida Supreme Court dismissed an appeal and awarded damages for a frivolous appeal due to the appellant's failure to file the record and show cause for the default. The court emphasized the importance of timely prosecution of appeals.
Yes, the appeal is dismissed, and damages are awarded to the appellee because the appellant failed to prosecute the appeal by not filing the record and not providing any justification for the default.
“Upon this state of facts, the counsel for the appellee moved to docket and dismiss the said case, and claimed that damages should be awarded to him against the defendants below as for a frivolous appeal.”
This quote establishes the appellee's motion and the basis for seeking damages.
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Join FLexlaw to unlock all legal intelligenceThe appellee obtained a judgment against the appellant in the Circuit Court. The appellant filed an appeal bond but failed to file the record with the…
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DuPONT, J.
The counsel for the appellee produced and exhibited to . the Court a certificate of the Clerk of the Circuit Court for Calhoun county, certifying that the appellee had oh? tained a judgment in that Court on the 23d day of Novem? her, 185,8, ngainst the appellant for the sum of one thousand and fifty-three dollars and seventy-four cents, and that the appellant had taken an appeal from the said judgment by fifing the necessary bond on the 30th day of the . game month. IJpon this state of facts, the counsel for the appellee moved to docket and dismiss the said case, and claimed that damages should be awarded to him against the defendants below as for a frivolous appeal.
The record not having heen filed and the appellant showing no cause for his default, it is therefore ordered and adjudged that the said cause be docketed and dismissed, and that the appellee, be allowed against the said appellant ten per cent, upon the principal of the judgment recovered in the Court below for his damages sustained by reason of the taking qf the said appeal, the same to be assessed by the Clerk of the Circuit Court and included in , fhe execution to be issued therefrom,
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. LaPenotiere, 25 Fla. 473 (Fla. 1889)
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In the Matter of: The Estate of William H. Benedict, 117 Fla. 472 (Fla. 1934)…ly in cases involving money judgments, but we perceive no reason why it may not be applied with equal force to any frivolous and vexatious appeal or writ of error prosecuted to this court against good faith or merely for delay. See Richards v. Nall, 8 Fla. 369 (1859); Broughton v. Crosby, 9 Fla. 254 (1860); Stafford v. Anders, 10 Fla. 211 (1860); Williams v. La Penotiere, 25 Fla. 473, 6 Sou. Rep. 167 (1889); Redmond v. Donaldson, 35 Fla. 167, 17 Sou. Rep. 70 (1895); Dzialynski v. Bank of Jacksonville, 23…
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H. J. Long et ux. v. Herrick, 28 Fla. 755 (Fla. 1891)