Florida/Georgia Personal Injury & Workers Compensation

cases cited in 27 Fla.Jur.2d, Fraud and Deceit § 59. [33] See footnote 8 for a summary of the allegations

...on the ground that it was frivolous and taken only for the purpose *88 of delay. In that case we again declined, out of an abundance of caution, to assess a penalty against the appellant under Florida Appellate Rule 3.17 and as further authorized by section 59.33, Florida Statutes, F.S.A., which provides: "59.33 Quashing appeals; power of appellate court....

...adjudged to be paid pursuant to the judgment of October 29, 1964, here appealed, the sum of $500.00, together with interest from the date of this order at the rate of 6% per annum, as a penalty under Florida Appellate Rule 3.17 and as authorized by section 59.33, Florida Statutes, F.S.A....

or proceedings as disclosed by the record. Section 59.33, Fla. Statutes, 1941, provides: *Page 858 "Courts

PER CURIAM. The Court has duly considered the motion to assess damages against petitioners under Rule 3.9, Florida Appellate Rules, 31 F.S.A., and Section 59.33, Florida Statutes, F.S.A., filed herein June 22, 1961, the renewal of said motion filed herein August 11, 1961 and the arguments of counsel for the respective parties on October 16, 1961 and the reargument on May 15, 1962....

quashed the appeal under the provisions of Section 59.33, Florida-Statutes 1951, F.S.A., and to have

I would impose the penalty in this case. . Section 59.33, Florida Statutes 1957, F.S.A. . Stafford

...ed, that said appellate court is satisfied that such transcript fairly and truly reflects the matters in pais transpiring in the lower court in such case, notwithstanding the manner or means by which the same was brought into being. Section 33. That Section 59.33 , Florida Statutes, 1941, is amended to read as follows: 59.33 QUASHING APPEALS; POWER OF APPELLATE COURT: Appellate courts shall have power to quash appeals in all cases in which appeals do not lie, or where they are *Page 901 taken against good faith or merely for delay, and may decree in such case damages against the appellant not exceeding ten per cent....

...re wholly without merit. See Ex parte Sams, 67 So.2d 657 (Fla. 1953); Norfleet Holding Co. v. Price, 132 So. 643 (Fla. 1931); Ruff v. Guaranty Title and Trust Co., 99 Fla. 197, 126 So. 383 (1930); Morris v. Rabara, 145 So.2d 265 (Fla. 2nd DCA 1962); § 59.33, Fla....

...on, to impose the full consequences of the rule relating to penalties on those who bring such appeals to this Court.” Although our first impression was to grant Appellees’ motion and assess a penalty against Appellant State Farm as authorized by § 59.33, Florida Statutes, F.S.A., and said rule, in view of the recency of the warning, we are denying the motion....

...eby required to show cause before this Court, if any you can, at 9:30 o’clock A.M. September 28, 1961, why you and each of you should not respond in damages for taking an appeal in the above cause against good faith or merely for delay pursuant to Section 59.33 Florida Statutes....

...eptember 1961.” The appellant Dunscombe, who is a member of the Florida Bar, has made no response to the above quoted rule nisi. E. O. Denison, his attorney, filed a response to *226 the rule in which he admitted a “technical transgression” of Section 59.33, F.S.A., but further stated that such violation was the result of inadvertence on his part....

...sturbed. For these reasons, and because of the appellant Dunscombe’s failure to respond to the rule to show cause, it is the opinion of this court that he should pay to the appellees in this cause the penal sum of one thousand ($1,000.00) dollars. Section 59.33, F.S.A. See In re Benedict’s Estate, 117 Fla. 472 , 158 So. 276 . By its terms, Section 59.33, F.S....