DEMPSEY IRVING FLETCHER AND RICHARD WAYNE NOAH, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1958-04-22
No. 57-387
CARROLL, CHAS. C. J., and HORTON and PEARSON, JJ., concur.
102 So. 2d 833 Florida District Court of Appeal, Third District (1958) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause came on to be heard on the motion of appellee to quash the appeal and affirm the judgment appealed from, and it appearing to the Court after hearing oral argument and from an examination of the record and brief of the appellants that said motion is appropriate and seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no further argument;

It is accordingly ordered, adjudged and decreed that the motion to quash the appeal and affirm the judgment appealed from be and the same is hereby granted, and the judgment is

Affirmed.

CARROLL, CHAS. C. J., and HORTON and PEARSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Duval v. Thomas, 107 So. 2d 148 (Fla. 2d DCA 1958)
    …rcise his right rea [*153] sonably and with due regard to the rights of others similarly situated. Meng v. Coffey, 67 Neb. 500, 93 N.W. 713, 60 L.R.A. 910.” We had this question before us in the case of Lake Gibson Land Company v. Lester, Fla.App., 102 So. 2d 833, which opinion was handed down during May of 1958 by this court, where we discussed Taylor v. Tampa Coal Co., supra, as well as Harris v. Brooks, supra, and in which we followed the Taylor case and cited with approval the Harris case. In the cases c…
  • Brown v. Oren A. Ellingson, 224 So. 2d 391 (Fla. 2d DCA 1969)
    …s of proof in this matter may indeed be difficult, the [*394] dismissal of the complaint must be reversed for further proceedings on this issue. See Taylor v. Tampa Coal Co., Fla., 1950, 46 So. 2d 392; Lake Gibson Land Co. v. Lester, Fla.App., 1958, 102 So. 2d 833; Duval v. Thomas, Fla.App., 1958, 107 So. 2d 148; Florio v. State ex rel. Epperson, Fla.App., 1960, 119 So. 2d 305, 80 A.L.R.2d 1117. The final point on appeal concerns the framing of this suit as a class action. The trial judge properly dismissed…

Full citator, related cases, and AI research tools

Open in FLexlaw