HORACE MCLANE BAILEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1975-11-18
No. 75-955
Before HENDRY, HAVERFIELD and NATHAN, JJ.
324 So. 2d 197 Florida District Court of Appeal, Third District (1975) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This court, proceeding in the manner outlined and recommended by the Supreme Court of the United States in Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493, having deferred ruling on a motion of the public defender to withdraw as counsel for the indigent defendant-appellant, and having furnished appellant with a copy of the public defender’s memorandum brief, and having allowed the appellant a reasonable specified time within which to raise any points that he chose in support of this appeal, and the appellant having failed to respond thereto, on consideration thereof upon full examination of the proceedings we conclude that the appeal is wholly frivolous. Whereupon, the public defender’s said motion to withdraw is granted, and the order or judgment appealed is hereby affirmed.


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Citator

Cited By

  • Wilson v. Wilson, 382 So. 2d 773 (Fla. 3d DCA 1980)
    …ercised control of the premises. The evidence was therefore insufficient to support the jury’s verdict. There is no evidence which would lead to the conclusion that the landlord should have anticipated or foreseen the accident. Schnabel v. Mormann, 324 So. 2d 197 (Fla. 1st DCA 1975). In summary, appellees were not shown to have had knowledge, either actual or constructive, that the gasoline was on the premises. Under the circumstances in the record, it was not reasonable to expect appellees to foresee the i…
  • Artistic Door Corp. v. Rheney, 384 So. 2d 179 (Fla. 3d DCA 1980)
    …cted verdict. Baro v. Wilson, 134 So. 2d 843 (Fla. 3d DCA 1961); C & H Contractors, Inc. v. McKee, 177 So. 2d 851 (Fla. 2d DCA 1965); First American Farms Inc. v. Marden Manufacturing Company, 255 So. 2d 536 (Fla. 1st DCA 1971); Schnabel v. Mormann, 324 So. 2d 197 (Fla. 1st DCA 1976). Based on the foregoing, the summary judgment finding that the subcontracts sold herein were in fact securities and imposing liability against the defendant corporations is hereby affirmed. The order denying the plaintiffs’ mot…

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