KNIGHT & MARTIN ET AL., APPELLANTS,
v.
WEST COAST NAVAL STORES COMPANY, APPELLEE
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The Florida Supreme Court dismissed an appeal as frivolous after the appellants failed to file briefs and sought to file them late. The court denied their applications for supersedeas and leave to file briefs.
The court found the appeal to be frivolous and dismissed it. The applications for supersedeas and leave to file briefs were denied.
“the court finds that there is no merit in the appeal, but on the contrary that the appeal is frivolous”
The court's assessment of the appeal's lack of merit.
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Join FLexlaw to unlock all legal intelligenceAppellants sought a supersedeas of a decree and leave to file briefs on the merits after the deadline had passed. Appellees moved to dismiss the appea…
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[*620] Per Curiam.,
This cause coming on to be heard upon an application of the appellants for a supersedeas of the decree appealed from, and also upon motion of the apellees to dismiss the appeal for failure to file briefs by the appellants, and upon motion by the appellants to be allowed to file briefs on the merits after the lapse of time allowed by the rules for filing such briefs, upon consideration of the transcript of the record on the application for supersedeas, the court finds that there is no merit in the appeal, but on the contrary that the appeal is frivolous; it is therefore, considered, ordered and adjudged that the applications by the appellants for supersedeas and for leave to file briefs be, and the same are hereby denied, and the motion of the appellee to dismiss the d|ppeal is hereby granted, and the said appeal in said cause is hereby dismissed at the cost oí the appellants.
Justices Mabry and Carter dissent.
Cases With Similar Vibessemantic neighbors from the corpus
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Johnson v. Johnson, 91 Fla. 275 (Fla. 1926)…etionary power where gross abuse of such discretion has occurred. In other words, where it palpably appears that there is no actual controversy before the court, or that the appeal is frivolous, the appeal may be dismissed. Knight v. West Coast Co., 44 Fla. 619. Applying these principles to the instant case, we find that at the time the decree pro confesso was granted against the complainant for failing to'plead, answer or demur to [*281] the cross-bill, there was pending a motion to strike the cross-bill…
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Williams v. The State of Fla. ex rel. Vincent Nuccio, Jr., 97 Fla. 876 (Fla. 1929)…e respondents seek to present the question prematurely. The question has no place in the present state of this controversy. The doctrine is not unfamiliar to the practice in this State. In the cáse of Knight & Martin v. West Coast Naval Stores Co., 44 Fla. 619, 33 So. R. 454, the Court, upon an application for a supersedeas and a motion by appellees to dismiss for failure of appellants to file briefs, considered the transcript of the record on the application for a supersedeas and finding no merit in the…