SHELL OIL COMPANY, A CORPORATION, APPELLANT,
v.
STATE ROAD DEPARTMENT OF FLORIDA ET AL., APPELLEES

Fla. 2d DCA | 1963-03-06
Nos. 3194, 3356
151 So. 2d 491 Florida District Court of Appeal, Second District (1963)

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Synopsis

The Florida District Court of Appeal, Second District, dismissed two appeals filed by Shell Oil Company. One appeal was dismissed upon motion by the appellees, and the other was dismissed sua sponte by the court for the appellant's failure to comply with appellate rules and a prior court order.


Holding

Yes, both appeals were dismissed. One was dismissed upon the appellees' motion, and the other was dismissed by the court on its own initiative due to the appellant's failure to follow procedural requirements.


Key Quotes

“it is Ordered that the said Motion be and the same is hereby denied.”

This quote refers to the denial of Shell Oil Company's motion for a time schedule.

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Facts & Procedural History

Shell Oil Company filed two separate appeals. The appellees filed a motion to dismiss one of the appeals. The court also noted that Shell Oil Company …

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Opinion of the Court

The attorneys for Appellant have filed a Motion for an order fixing the time schedule for the performance of acts relating to the appeals in the above styled causes, and, upon consideration, it is

Ordered that the said Motion be and the same is hereby denied.

The attorneys for Appellees, C. E. Red-ington and J. W. Redington, have filed a Motion to Dismiss the Appeal in Case No. 3356, and, upon consideration, it is

Ordered that the said Motion be and the same is hereby granted and the Appeal in this cause commenced by Notice of Appeal filed in the Circuit Court for Pinellas County, Florida, on June 8, 1962, be and the same • is hereby dismissed. It is further

Ordered by the Court sua sponte that the Appeal in Case No. 3194 commenced by Notice of Appeal filed in the Circuit Court for Pinellas County, Florida, on March 30, 1962, be and the same is hereby dismissed for failure of the Appellant to comply with the provisions of the Florida Appellate Rules and the order of this Court of October 4, 1962.


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