JIM FAIR, APPELLANT,
v.
CITY OF TAMPA AND STATE OF FLORIDA, APPELLEES

Fla. | 1965-05-17
No. 34316
DREW, C. J., and THOMAS, ROBERTS, THORNAL, O’CONNELL, CALDWELL and ERVIN, JJ., concur.
175 So. 2d 197 Florida Supreme Court (1965) Positive Treatment
Cited by 2 cases

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Holding

The court held that the appeal was frivolous and dismissed it.


Facts & Procedural History

Appellant sought review of a circuit judge's decree validating a municipal bond issue. Appellees moved to dismiss the appeal.…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant seeks review of a decree of a circuit judge validating an issue of $3,000,000.00 of Special Obligation Municipal Library Bonds dated February 1, 1965. The appellees have moved to dismiss the appeal for numerous reasons, including the contention that the appeal is frivolous and without merit.

The Court finds that oral argument on the motion would be of no benefit. The appeal is patently frivolous and without substantial merit. It is obviously taken for delay and can serve no purpose other than to har.ass the appellee City in completing the bond financing program which was approved by the final decree.

In view of the nature of the proceeding the Court deems it advisable to shorten the time for the filing of any request for rehearing in this matter. It is, therefore, ordered that any application for rehearing by the appellant shall be filed on or before May 21, 1965.

The motion to dismiss the appeal is granted and the appeal is dismissed.

It is so ordered.

DREW, C. J., and THOMAS, ROBERTS, THORNAL, O’CONNELL, CALDWELL and ERVIN, JJ., concur.


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Citator

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  • Salfi v. Fla. Dev. Comm'n, 223 So. 2d 389 (Fla. 1st DCA 1969)
    …PER CURIAM. Affirmed on authority of State v. Jacksonville Expressway Authority, Fla., 160 So. 2d 513; State v. City of Titusville, Fla., 173 So. 2d 443; and Fair v. City of Tampa, Fla., 175 So. 2d 197. WIGGINTON, C. J., and CARROLL, DONALD K., and SPECTOR, JJ-, concur.…

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