EVERGLADES CLUB CO., ET AL.,
v.
GALINA VOLKOFF
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The Florida Supreme Court denied a motion to quash proceedings in error, finding the appeal was not frivolous. The court affirmed the lower court's judgment, holding that the suit on an attachment bond was properly brought and that the default judgment correctly limited the jury trial to damages.
The appeal was not frivolous, and the judgment was affirmed. The court held that the suit was properly brought, the procedural motions were correctly overruled, and the default judgment appropriately limited the jury trial to the issue of damages.
“it does not appear that the appeal is so devoid of merit as to be adjudged frivolous, therefore the motion to quash the proceedings in error will be denied.”
The court's reasoning for denying the motion to quash the proceedings in error.
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Join FLexlaw to unlock all legal intelligenceThe case involved a suit on an attachment bond. The defendants filed a motion to quash the proceedings in error as frivolous. The court reviewed the r…
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This case has been submitted on motion of defendants in error to quash the proceedings in error as frivolous. Section 4639, C. G. L., 2920 R. G. S. Consid*848eration of that motion was continued by this Court pending the filing of briefs by the parties. Briefs have now been filed, and upon consideration thereof, it does not appear that the appeal is so devoid of merit as to be adjudged frivolous, therefore the motion to quash the proceedings in error will be denied.
At the same time, the inspection of the record we have made in connection with a consideration of the defendant in error’s motion to dismiss the writ of error, as well as a consideration of the' briefs submitted by the several counsel for the respective parties, has impressed us with the view that the judgment is free from error and that it should be at this time affirmed by us on the authority of Grand Lodge, K. P. of North America, etc., v. Stroud, 107 Fla. 152, 144 Sou. Rep. 324.
The suit below, being on an attachment bond, was properly brought by the obligees, suing in the form they had been named in the bond sued on. So there was no error in overruling the defendant’s demurrer, motion for compulsory amendment and motion to strike portions of the declaration. The entry of judgment by default after this, confined the scope of the subsequent jury) trial to a trial solely of the question of damages and the amount thereof, as to which trial no error of procedure with respect to that issue appears to have been committed.
The motion to dismiss the writ of error is denied and the judgment is affirmed.
Whitfield, Ellis, Brown and Buford, J. J., concur.
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Bay View Ests. Corp. v. Southerland, 114 Fla. 635 (Fla. 1934)…itle not subject to execution at law and [*649] when the creditor has in vain attempted to obtain satisfaction of his judgment. See George E. Sebring Co. v. O’Rourke, 101 Fla. 885, 134 South. Rep. 556. In the case of Isaacs v. Mulray, 112 Fla. 197, 150 South. Rep. 232, Mr. Justice Buford, speaking for the Court, said: “It makes no difference whether a debtor is solvent or insolvent if he conveys property without consideration for the purpose of hindering or delaying creditors, the conveyance is in fraud of credit…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Grand Lodge v. Daisy Good all Stroud, 107 Fla. 152 (Fla. 1932)