Twyman v. Roell

Decision Date19 June 1935
Citation162 So. 343,120 Fla. 141
PartiesTWYMAN et al. v. ROELL.
CourtFlorida Supreme Court
En Banc.

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.

COUNSEL

Twyman & McCarthy, of Miami, for appellants.

Baker & White, of West Palm Beach, for appellee.

OPINION

PER CURIAM.

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.

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

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3 cases
  • Ashland Oil, Inc. v. Pickard
    • United States
    • Florida District Court of Appeals
    • 28 Noviembre 1972
    ...the Pickard interests did not have an established business in outfitting and selling trawlers manufactured by others. Twyman v. Roell, 120 Fla. 141,166 So. 215 (1966); cases such as Belcher v. Import Cars, Ltd., Inc., Fla.App.1971, 246 So.2d 584 are factually dissimilar. For some twenty to ......
  • Ex parte Sams
    • United States
    • Florida Supreme Court
    • 20 Octubre 1953
    ...105 So. 126; Walker v. American Agri. Chemical Co., 83 Fla. 153, 90 So. 696; Holland v. Webster, 43 Fla. 85, 29 So. 625; Twyman v. Roell, 120 Fla. 141, 162 So. 343; or proceed to an adjudication on the merits, where briefs have been filed, arguments in respect to the merits have been had, a......
  • Hughes v. Summit Realty Co.
    • United States
    • Florida Supreme Court
    • 19 Junio 1935

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