REUBIN O'DONOVAN ASKEW, GOVERNOR OF THE STATE OF FLORIDA, ETC., ET AL., APPELLANTS,
v.
GABLES BY THE SEA, INC., A FLORIDA CORPORATION, APPELLEE
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The court held that the appeal was dilatory, frivolous, and sought solely to frustrate compliance with a prior mandate and judgment.
[1] An appeal may be quashed when it is found to be dilatory, frivolous, and not taken in good faith.
[2] A trial court's judgment that is in strict compliance with a prior appellate court mandate is not subject to a frivolous appeal.
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Join FLexlaw to unlock all legal intelligenceAppellants appealed a trial court judgment ordering the issuance of dredge permits, which was entered pursuant to a prior appellate mandate affirming …
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*823ON MOTION TO QUASH APPEAL
Plaintiff-appellee has filed its motion to dismiss an appeal taken by the appellants or to peremptorily affirm the judgment of the lower court, which this Court treats as a motion to quash the appeal.
It appears to this Court that all issues involved in this cause were adjudicated in favor of the plaintiff in this Court’s prior mandate filed August 31, 1971, Fla.App., 251 So.2d 880, which affirmed the judgment of the trial court. Said mandate encompassed all the affected agencies of the State of Florida. Pursuant to said mandate, the trial court issued a rule nisi directed to the Board of Air and Water Pollution Control of the Department of Air and Water Pollution Control requiring it to show cause why it should not approve the permit referred to in the trial court’s final judgment and the mandate of this Court affirming said judgment. The appellant moved to discharge said rule nisi, and the trial court entered final judgment ordering that the dredge permits be issued. It is from this judgment that appellants now appeal.
It is the conclusion of this Court that the appeal herein is dilatory in nature, is sought by appellants for the sole purpose of further frustrating and delaying compliance with the mandate of this Court and the final judgment of the trial court, is frivolous, and not taken in good faith. This Court does hereby conclude that the final judgment entered by the trial court is an appropriate order rendered in strict compliance with the mandate of this Court.
The motion of appellee to quash the appeal is granted and upon the going down of our mandate, the trial court is directed to institute such proceedings and to take such coercive action in the premises as is deemed necessary and advisable to secure full compliance with its order of February 16, 1972. In view of the inordinate delays already incurred in connection with the final disposition of this litigation, no petition for rehearing on this judgment will be entertained.
CARROLL, DONALD K„ Acting C. J., and RAWLS and JOHNSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Reubin O'D. Askew v. Gables-By-The-Sea, Inc., 333 So. 2d 56 (Fla. 1st DCA 1976)…this cause rendered by the District Court of Appeal of Florida, First District; namely, Kirk, Governor of State of Florida et al. v. Gables By The Sea, Inc., 251 So. 2d 880, and Askew, Governor of State of Florida et al. v. Gables By The Sea, Inc., 258 So. 2d 822. Based thereon the Court finds that: “1. In the Judgment of this Court on the 10th day of September, 1970, it was finally adjudicated: [Defendants are appellants here and Plaintiff is appellee.] ‘On January 6, 1936, plaintiff acquired by purchase…
Authorities Cited
- Kirk v. Gables BY THE SEA, Inc., 251 So. 2d 880 (Fla. 1st DCA 1971)