L. KNABB, ET AL.,
v.
GIDDINGS E. MABRY, ET AL.
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The Florida Supreme Court deferred ruling on multiple motions to dismiss and sever an appeal until after oral argument, indicating the case would be heard on its merits. The court acknowledged the complexity and importance of the issues presented, as evidenced by the extensive briefing by counsel.
The court deferred ruling on all pending motions until after oral argument, indicating a decision to hear the case on its merits.
“it is considered expedient to withhold a ruling on each of the motions, supra, until after the case is heard on oral argument, when the motions here can be disposed of when the cause is considered by the court on its merits.”
This quote explains the court's decision to defer ruling on the pending motions.
The case involves three motions before the Florida Supreme Court: a motion to dismiss the appeal as frivolous, a motion for a summons and severance or…
The full statement of facts, procedural history, and disposition for this case are member content.
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This case is here on three motions: (a) to dismiss appeal on the ground that the appeal is frivolous; (b) for the issuance of a summons and entry of an order *245of severance; and (c) dismissal as to Joseph A. Duner as successor trustee under the will of Walter E. Flanders, deceased, and it appearing that briefs have been filed on the part of counsel for some of the parties, coupled with a request for oral argument as appears in the record, the transcript has been examined and counsel having filed elaborate briefs, it is considered expedient to withhold a ruling on each of the motions, supra, until after the case is heard on oral argument, when the motions here can be disposed of when the cause is considered by the court on its merits.
It is so ordered.
Ellis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur.
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Ex parte Sams, 67 So. 2d 657 (Fla. 1953)…guments 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. 1268, 128 So. 810; Green v. Cook, 102 Fla. 837, 136 So. 454; Knabb v. Mabry, 134 Fla. 244, 183 So. 748. It cannot be said from a cursory examination of the record that the appeal is so devoid of merit that it presents no fairly debatable question with reference to the propriety of the judgment that was entered by the trial court. We are…