IN RE : ESTATE OF CHARLES R. SWITZER, DECEASED, CHARLES G. DARLING
v.
JEANNE WAKEFIELD STREET, AS ADMINISTRATRIX, ETC., APPELLEE
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The Florida Supreme Court considered a motion to dismiss an appeal, initially finding it well-taken due to non-compliance with court rules and its frivolous nature. However, upon reviewing the record, the court found no reversible error and decided to affirm the lower court's decree instead of dismissing the appeal.
The appeal should not be dismissed. Although the motion to dismiss was well-taken on procedural grounds and the appeal appeared frivolous, the court found no reversible error in the decree and therefore affirmed it.
“Upon consideration of appellee's motion to dismiss this appeal on the ground that it is frivolous and for appellant's alleged non-compliance with Rule 11 of the Rules of this Court as to service on appellee of copy of the transcript of the record, the Court finds that the motion is well taken and that the motion to dismiss should be granted.”
This quote establishes the initial grounds for the motion to dismiss and the court's initial inclination.
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Join FLexlaw to unlock all legal intelligenceThe appellee filed a motion to dismiss the appeal, arguing it was frivolous and that the appellant failed to properly serve a copy of the transcript o…
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On Motion to Dismiss Appeal.
Upon consideration of appellee’s motion to dismiss this appeal on the ground that it is frivolous and for appellant’s alleged non-compliance with Rule 11 of the Rules of this Court as to service on appellee of copy of the transcript of the record, the Court finds that the motion is well taken and that the motion to dismiss should be granted.
However, upon its consideration of the motion to dismiss the appeal as frivolous this Court has, from its inspection of the record, determined that no reversible error has been shown in the decree appealed • from, therefore in lieu of granting the motion to dismiss, and in order to terminate the litigation insofar as the propositions involved on the present appeal are concerned, an order will be entered affirming the decree from which this appeal has been *526taken. See Owen v. State, 68 Fla. 84, 50 Sou. Rep. 639 Meier v. Johnston, 110 Fla. 374, 149 Sou. Rep. 185.
On motion to dismiss appeal, decree affirmed.
Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur.
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Citator
Cited By
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In re Est. of Charles R. Switzer v. Street, 115 Fla. 780 (Fla. 1934)
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Crosthwait v. The N. Tr. Co., 144 Fla. 231 (Fla. 1940)…before us for review, in one phase or another. Some of this [*234] litigation has reached the Court on appeal. See In re: Estate of Charles R. Switzer, deceased, Charles G. Darling, appellants, v. Jeanne W. Street, as Administratrix, etc., Appellee, 112 Fla. 525, 150 So. 728; also same case, 115 Fla. 780, 156 So. 1; Jeanne W. Street as Administratrix, etc., v. Florence W. Crosthwait, et al., 134 Fla. 158, 183 So. 820; same case on rehearing, 136 Fla. 327, 186 So. 516. Counsel for appellants state the quest…
Authorities Cited
- Balbontin v. State, 68 Fla. 84 (Fla. 1914)
- Meier v. Johnston, 110 Fla. 374 (Fla. 1933)