Winter Park Ferneries, Inc. v. Casselberry

Supreme Court of Florida

Winter Park Ferneries, Inc. v. Casselberry

150 So. 593, 112 Fla. 111

DecidedSeptember 26, 1933

StatusPublished

This text of 150 So. 593 (Winter Park Ferneries, Inc. v. Casselberry) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Winter Park Ferneries, Inc. v. Casselberry, 150 So. 593, 112 Fla. 111 (Fla. 1933).

Pincite

Opinion

Per Curiam.

This cause coming on to be heard upon appellee’s motion to dismiss this appeal as being frivolous, and also upon rehearing of motion to vacate supersedeas, which motion to vacate was denied by an order of this Court entered August 1, 1933, and the record having been again inspected and argument of counsel duly considered;

It appears to the Court that there are several debatable questions involved in this' appeal and that the appeal is not frivolous. It also appears that under the rules governing such matters the Justice of this Court who made the order of supers'edeas sought to be vacated was justified in so doing.

It is therefore ordered and adjudged that the motion to dismiss the appeal be and the same is hereby denied and that the order heretofore made denying the motion to vacate the order for supersedeas be reaffirmed and allowed to stand as' entered.

*112 Davis, C. J., Whitfield, Ellis, Terrell and Brown, >. J., concur. Buford, J., dissents.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

This cause coming on to be heard upon appellee’s motion to dismiss this appeal as being frivolous, and also upon rehearing of motion to vacate supersedeas, which motion to vacate was denied by an order of this Court entered August 1, 1933, and the record having been again inspected and argument of counsel duly considered;

It appears to the Court that there are several debatable questions involved in this' appeal and that the appeal is not frivolous. It also appears that under the rules governing such matters the Justice of this Court who made the order of supers'edeas sought to be vacated was justified in so doing.

It is therefore ordered and adjudged that the motion to dismiss the appeal be and the same is hereby denied and that the order heretofore made denying the motion to vacate the order for supersedeas be reaffirmed and allowed to stand as' entered.

*112 Davis, C. J., Whitfield, Ellis, Terrell and Brown, >. J., concur. Buford, J., dissents.

Cite This Page — Counsel Stack

Bluebook (online)

150 So. 593, 112 Fla. 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winter-park-ferneries-inc-v-casselberry-fla-1933.