Knabb v. Mabry

• Decision Date: 13 October 1938
• Citation: 134 Fla. 244,183 So. 748
• Parties: KNABB et al. v. MABRY et al.
• Court: Florida Supreme Court

183 So. 748

134 Fla. 244

KNABB et al. v. MABRY et al.

Florida Supreme Court, Division B.

October 13, 1938

Action between L. Knabb and others and Giddings E. Mabry and others. From the judgment, L. Knabb and others appeal, and Giddings E. Mabry and others move to dismiss the appeal and for other relief.

Order in accordance with opinion. Appeal from Circuit Court, Baker County; A. Z. Adkins, Judge.

COUNSEL

H. L. Anderson and William D. Morgan, both of Jacksonville, for appellants.

Mabry, Reaves, Carlton & White, of Tampa, for appellees.

OPINION

CHAPMAN, Justice.

This case is here on three motions: (a) to dismiss appeal on the ground that the appeal is frivolous; (b) for the issuance of a summons and entry of an order of severance; and (c) dismissal as to Joseph A. Duner as successor trustee under the will of Walter E. Flanders, deceased, and it appearing that briefs have been filed on the part of counsel for some of the parties, coupled with a request for oral argument as appears in the record, the transcript has been examined and counsel having filed elaborate briefs, it is considered expedient to withold a ruling on each of the motions, supra, until after the case is heard on oral argument, when the motions here can be disposed of when the cause is considered by the court on its merits.

It is so ordered.

ELLIS, C.J., and WHITFIELD, TERRELL, BROWN, and BUFORD, JJ., concur.