H. C. THOMPSON, APPELLANT,
v.
HENRY H. FILER, ET ALS., APPELLEES

Fla. | 1930-03-12
Whitfield, P. J., and Strum and Buford, J. J., concur., Terrell, C. J., and Ellis, J., concur in the opinion and judgment'., Brown, J., dissents.
99 Fla. 539 Florida Supreme Court (1930) Positive Treatment
Cited by 7 cases
Opinion of the Court
Per Curiam.

[*540] Per Curiam.

Upon this cause having been set down for oral argument the appellant filed a motion to dismiss the appeal.

Under the provisions of Rule 23 for the government of the Supreme Court, the appellant has the right to pursue this course and there having been no cross assignments of error filed by the appellees, and the cause not having been reached for final disposition by the Court at' the time when this motion was filed the Court is bound by the provisions of the rule. The motion should, therefore, be granted and it is so ordered.

Dismissed.

Whitfield, P. J., and Strum and Buford, J. J., concur. Terrell, C. J., and Ellis, J., concur in the opinion and judgment'.

Brown, J., dissents.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Shelby Mut. Ins. Co. OF Shelby v. Tillman Pearson, 236 So. 2d 1 (Fla. 1970)
    …the clerk of the Court a notice for dismissal. Where the opposing party or parties have filed responsive pleadings or assignments of error or cross-petition, such notice for dismissal shall be by all such parties.” See generally, Thompson v. Filer, 99 Fla. 539, 126 So. 766 (1930), and Gaskins v. Mack, 91 Fla. 284, 107 So. 918 (1926).…
  • Ringling v. Smith, 119 Fla. 293 (Fla. 1935)
    …tate, 117 Fla. 472, 158 Sou. Rep. 276; Section 4639 C. G. L., 2920 R. G. S., 4965 C. G. L.. 3173 R. G. S. Appellant has subsequently moved for a voluntary dismissal of his own appeal without prejudice, as provided for by our rule. Thompson v. Filer, 99 Fla. 539, 126 Sou. Rep. 766; Supreme Court, Rule 23. The motion of appellee to dismiss the appeal as frivolous and to assess damages as for a frivolous appeal having been first filed is entitled' to consideration at the hands of this Court despite the motio…
  • Bird Rd. Baptist Church, Inc. v. Stevens, 155 So. 2d 420 (Fla. 3d DCA 1963)
    …Fla.App.1962, 147 So. 2d 154. A person who has not seen fit to take an appeal from an order of a trial court has no standing to object to dismissal of an appeal taken by another if he has not cross assigned any [*422] error. See: Thompson v. Filer, 99 Fla. 539, 126 So. 766. It therefore appearing that even if the appellants were “aggrieved parties” appearing of record [which does not appear from the complaint], they failed to exhaust their administrative remedies by seeking an appeal to the Board of Coun…

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