J. S. TWYMAN, ET AL.,
v.
GUS ROELL
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court denied a motion to dismiss an appeal, finding that the appeal was not frivolous despite the appellees' contentions. The court examined the briefs of all parties before making its decision.
No, the appeal is not frivolous and will not be dismissed.
“An examination of the briefs does not confirm the contention of the appellees that the appeal is wholly devoid of merit, as charged in the motion to dismiss, nor do we feel that the rule of Gill v. Smith, 119 Fla. 293, 161 Sou. Rep. 282 ( 2nd headnote), should be applied in the circumstances of the controversy here disclosed.”
This quote explains the court's reasoning for denying the motion to dismiss, indicating that the appeal had sufficient merit.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellees filed a motion to dismiss the appeal, arguing that it was frivolous. The case was before the Florida Supreme Court on this motion, with …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Frivolous Appeal cases and more on FLexlaw
This case is before the Court on motion to dismiss as frivolous under Sections 4639 C. G. L., 2920 R. G. S., 4965 C. G. L., 3173 R. G. S., the briefs of all parties being and before the Court for consideration.
An examination of the briefs does not confirm the contention of the appellees that the appeal is wholly devoid of merit, as charged in the motion to dismiss, nor do we feel that the rule of Gill v. Smith, 119 Fla. 293, 161 Sou. Rep. 282 ( 2nd headnote), should be applied in the circumstances of the controversy here disclosed.
Therefore the motion to dismiss the appeal as frivolous is denied and the cause ordered to stand on the docket for disposition in due course.
Motion to dismiss appeal as frivolous denied.
Whitfield, C. J., and Ellis, Terrell, Brown, Buford and Davis, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ashland OIL, Inc. v. Rod Pickard, 269 So. 2d 714 (Fla. 3d DCA 1972)…The jury resolved these conflicts adverse to defendants. [*724] We find no substantial merit in the assertion that the Pickard interests did not have an established business in outfitting and selling trawlers manufactured by others. Twyman v. Roell, 120 Fla. 141, 166 So. 215 (1966); cases such as Belcher v. Import Cars, Ltd., Inc., Fla.App.1971, 246 So. 2d 584 are factually dissimilar. For some twenty to twenty-five years Captain Pickard had been in maritime businesses. For instance, immediately before this…
-
Ex parte Sams, 67 So. 2d 657 (Fla. 1953)…he docket, Anderson v. Hardesty, 99 Fla. 1347, 128 So. 851; Willey v. Hoggson Corp., 89 Fla. 446, 105 So. 126; Walker v. American Agri. Chemical Co., 83 Fla. 153, 90 So. 696; Holland v. Webster, 43 Fla. 85, 29 So. 625; Twyman v. Roell, 120 Fla. 141, 162 So. 343; or proceed to an adjudication on the merits, where briefs have been filed, arguments in respect to the merits have been had, and no reason can be [*659] perceived for deferring the consideration of the case longer. Roberts Bros. v. Langford, 99 Fla…
-
Milo Stoltzfus and Dorothy M. Stoltzfus v. Covington Cnty. Bank, 154 So. 2d 866 (Fla. 1st DCA 1963)…ntile Brothers, Inc. v. Bryan, 101 Fla. 233, 133 So. 630 (1931), Haines City Citrus Growers Association v. Petteway, 107 Fla. 344, 145 So. 183 (1932), McKenna v. State, 119 Fla. 576, 161 So. 561 (1935), and Hughes v. Summit Realty Co., 120 Fla. 136, 162 So. 343 (1935). A succinct summary of the Florida holdings is found in 9 Fla.Jur., Crops, Section 3, page 340, as follows: “With reference to crops which are considered to be fructus naturales, and crops which are considered to be fructus industriales, in…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ringling v. Smith, 119 Fla. 293 (Fla. 1935)