LAKE REGION HOTEL COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
WILLIAM A. GOLLICK, APPELLEE
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The Florida Supreme Court denied motions to dismiss appeals as frivolous, holding that the appellees' submission of written arguments and briefs in support of their motions indicated that the appeals presented arguable propositions not suitable for summary disposition.
No, when an appellee files written arguments and briefs in support of a motion to dismiss an appeal as frivolous, the court cannot summarily dispose of the appeal. Such action by the appellee suggests the appeal has arguable merit.
“The motions to dismiss must be denied because the appellees, by filing written arguments and briefs in support of their motion to dismiss the appeals as frivolous have negatived the idea that the appeals can be disposed of by this Court adversely to appellants, on a mere “cursory” examination of the record.”
This quote explains why the motions to dismiss were denied.
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Join FLexlaw to unlock all legal intelligenceAppellees filed motions to dismiss two appeals, asserting they were frivolous under a specific Florida statute. The appellees supported these motions …
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In these two cases the appellees have filed motions to dismiss the appeals as frivolous, under authority of Section 4639, C. G. L., 2920 R. G. S.
The motions to dismiss must be denied because the appellees, by filing written arguments and briefs in support of their motion to dismiss the appeals as frivolous have negatived the idea that the appeals can be disposed of by *323this Court adversely to appellants, on a mere “cursory” examination of the record. Se Norfleet Holding Co. v. Price, 101 Fla. 666, 132 So. Rep. 643; Green v. Cook, 102 Fla. 837, 126 So. Rep. 454; Grand Lodge K. of P. v. Stroud, 107 Fla. 152, 144 So. Rep. 324.
Motions to quash proceedings in error, or to dismiss appeals as frivolous, filed under Section 4639 C. G. L., 2920 R. G. S., can only be summarily disposed of by this Court when a cursory inspection of the record' clearly demonstrates that there is presented by the assignments of error no substantial question to be disposed of, should the case be deferred for a hearing of the appeal in due course off its merits. And where an appellee making such a motion as is here involved, files briefs, or seeks an argument, in support of his motion to dismiss an appeal as frivolous, this Court may treat such procedure by appellee as an admission by movant that an arguable proposition inheres in the appeal, which should not be summarily disposed of under the stat-. utes hereinbefore cited.
Motions to dismiss appeals denied.
Davis, C. J., and AYhitfield, Terrell and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mediterranean Corp. v. Spirros Pappas, 116 Fla. 509 (Fla. 1934)…Per Curiam. This is the second appearance of this case in this Court. See Mediterranean Corporation v. Pappas, 107 Fla. 876, 146 Sou. Rep. 106, 147 Sou. Rep. 270. The present appeal is from an interlocutory order by the Circuit Judge which granted a motion of Edgar L. Nash, defendant in the court below, to strike certain portions of complainant’s amendment to the original bill of complaint…
Authorities Cited
- The Grand Lodge v. Daisy Good all Stroud, 107 Fla. 152 (Fla. 1932)
- Green v. Cook, 102 Fla. 837 (Fla. 1931)
- Norfleet Holding Co. v. Will H. Price and Mattie L. Price, 101 Fla. 666 (Fla. 1931)