Dzialynski v. Bank of Jacksonville

Citations

• 23 Fla. 44

Syllabus

<p>Í. The fact that tlie appellee claims that the appeal has been taken merely for delay and asks for an assessment of damage's for a frivolous appeal under the statute, (Sec. 14, p 842, McC.’s Digest) does not entitle him to have the case heard in motion hour upon a motion to affirm and for damages. The case should he heard, upon the regular call of the docket, like any other case standing for a hearing on its merits, and the application for damages be submitted on such hearing and not by motion.</p>