Twyman v. Roell
Decision Date | 19 June 1935 |
Citation | 162 So. 343,120 Fla. 141 |
Parties | TWYMAN et al. v. ROELL. |
Court | Florida Supreme Court |
Proceeding between J. S. Twyman and another and Gus Roell. From an adverse judgment, J. S. Twyman and another appeal. On motion to dismiss the appeal as frivolous.
Motion denied. Appeal from Circuit Court, Palm Beach County; C. E. Chillingworth, judge.
Twyman & McCarthy, of Miami, for appellants.
Baker & White, of West Palm Beach, for appellee.
This case is before the court on motion to dismiss as frivolous under section 4639, Comp. Gen. Laws, section 2920, Rev. Gen. St., section 4965, Comp. Gen. Laws, section 3173, Rev. Gen. St., the briefs of all parties being before the court for consideration.
An examination of the briefs does not confirm the contention of the appellees that the appeal is wholly devoid of merit, as charged in the motion to dismiss, nor do we feel that the rule of Gill v. Smith (Fla.) 161 So. 282 (second headnote) should be applied in the circumstance of the controversy here disclosed.
Therefore, the motion to dismiss the appeal as frivolous is denied, and the cause ordered to stand on the docket for disposition in due course.
Motion to dismiss appeal as frivolous denied.
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