T. G. RONALD, MAYOR OF COCOA, ET AL.,
v.
STATE EX REL. JOHN S. HARRIS, ET AL.
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The Florida Supreme Court affirmed a lower court's judgment, finding the appeal frivolous and without merit. The court considered a motion to quash proceedings in error and, after reviewing the record and briefs, determined the judgment was free from error.
The court held that the judgment appealed from was obviously free from error and should be affirmed. The proceedings in error were deemed frivolous.
“that the judgment appealed from is obviously free from error and should be affirmed in any event”
This quote establishes the court's finding that the lower court's decision was correct.
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Join FLexlaw to unlock all legal intelligenceThe defendant in error moved to quash the proceedings in error, arguing they were taken in bad faith and solely for delay. All briefs had been filed, …
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This cause coming on at this time for consideration by the Court of the renewed motion of defendant in error to quash the proceedings in error herein as provided by Section 4639 C. G. L., 2920 R. G. S., on the ground that the same are taken against good faith and merely for delay; and it appearing that all briefs for the respective parties have been duly filed, and it further appearing from an inspection of the record and an examina*860tion of'the briefs presented, that the judgment appealed from is obviously free from error and should be affirmed in any event, it is, upon consideration of the motion to dismiss the proceedings in error as frivolous, considered, ordered and adjudged by the Court that in lieu of a ruling upon the motion for dismissal of the writ of error, the judgment shall be and the same is hereby affirmed on the authority of Meier v. Johnson, 110 Fla. 374, 149 Sou. Rep. 185, and cases cited therein.
Judgment affirmed on motion to dismiss proceedings in error as frivolous.
. Davis, C. J., and Ellis and Terrell, J. J., concur.
Whitfield, P. J., and Brown and Buford, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (24 total)
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Sinclair v. Baucom, 428 So. 2d 1383 (Fla. 1983)…t. Billingham v. Thiele, 107 So. 2d 238 (Fla. 2d DCA 1958), cert. dismissed, 109 So. 2d 763 (Fla. 1959). The contract may be express, Alyea v. Hampton, 112 Fla. 61, 150 So. 242 (1933), or implied, Greenfield Villages; Scott v. Kirtley, 113 Fla. 637, 152 So. 721 (1933). The record before this Court bears witness that an express contract existed between petitioner and Ruby Baucom. Both made explicit references to that contract in hearings before the trial judge. There must also be an understanding, express…
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Treat v. State, 121 Fla. 509 (Fla. 1935)…ugh the writ of error is not frivolous in a sense to warrant its summary dismissal under the statute. Section 4639 C. G. L. 2920 R. G. S.; Butler Farms, Inc., v. Hinson, 113 Fla. 860, 152 Sou. Rep. 720; Ronald v. State, ex rel. Harris, 113 Fla. 859, 152 Sou. Rep. 721; Dayton v. State Life Ins. Co., 114 Fla. 538, 154 Sou. Rep. 208; Shea v. Carlton, 116 Fla. 507, 156 Sou. Rep. 495. A frivolous appeal is not merely one that is likely to be unsuccessful. It is one that is so readily recognizable as devoid of merit…
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Daniel Mones, P.A. v. Smith, 486 So. 2d 559 (Fla. 1986)…219, 22 So. 2d 890 (1945); Ward v. Forde, 154 Fla. 383, 17 So. 2d 691 (1944), receded from to extent of inconsistency, Billingham v. Thiele, 109 So. 2d 763 (Fla.1959); Knabb v. Mabry, 137 Fla. 530, 188 So. 586 (1939); Scott v. Kirtley, 113 Fla. 637, 152 So. 721 (1933); Alyea v. Hampton, 112 Fla. 61, 150 So. 242 (1933). The majority opinion makes brief reference to the fact that the lawyer asserts a claim to a forty percent contingent fee to be taken from the recovery obtained in the lien foreclosure actio…
Previewing 3 of 24 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Meier v. Johnston, 110 Fla. 374 (Fla. 1933)