OLIVE STENGEL, JOINED BY HER NEXT FRIEND AND HUSBAND, F. W. STENGEL, AND UNITED STATES FIDELITY & GUARANTY COMPANY, PLAINTIFFS IN ERROR,
v.
JOHN T. CHAPMAN, DEFENDANT IN ERROR

Fla. | 1933-03-13
Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur.
109 Fla. 23 Florida Supreme Court (1933)
Also reported at: 146 So. 665

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Synopsis

The Florida Supreme Court affirmed a lower court's judgment after finding no reversible error upon reviewing the record, despite a motion to dismiss the appeal due to non-compliance with brief preparation rules.


Holding

The Court found no reversible error in the record and therefore affirmed the judgment, notwithstanding the procedural issues with the brief.


Key Quotes

“and having found from its inspection of the record that no reversible error has been made to appear, it is thereupon considered, ordered and adjudged that the judgment appealed from be affirmed.”

This quote establishes the Court's finding of no reversible error and the resulting affirmation of the judgment.

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Facts & Procedural History

The plaintiffs in error, Olive Stengel and her husband, along with a guaranty company, appealed a judgment. The defendant in error filed a motion to d…

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Opinion of the Court
Per Curiam.

Per Curiam.

This cause having been presented to and heard by this Court on defendant in error’s motion to dismiss the writ of error because of opposing counsel’s failure to comply with Rule 20 prescribed by this Court governing the preparation of briefs, and the Court having been and inspected the record, and having considered in connection with its inspection of the transcript, the several propositions of law attempted to be presented by the plaintiff in error’s brief in controversy, and having found from its inspection of the record that no reversible error has been made to appear, it is thereupon considered, ordered and adjudged that the judgment appealed from be affirmed.

, Where upon consideration of a motion respecting the sufficiency of briefs of an appellant or plaintiff in error to comply with the rules of the Court pertaining thereto, it has become necessary for the Court to read and consider the transcript of the record brought here on appeal or writ of error, and it plainly appears to the Court from its inspection of the record that the judgment or decree appealed from must inevitably be affirmed, an order will be entered by this Court affirming the judgment or decree appealed from, without waiting to reach the case on its docket in regular course.

Judgment affirmed.

Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur.


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