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5 Florida opinions name it 2 courts 1902–1997 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Treat v. State Ex Rel. Mittongreen2 sentences1997An appeal is not frivolous where a substantial justiciable question can be spelled out of it, or from any part of it, even though such question is unlikely to be decided other than as the lower court decided it, i.e., against appellant or plaintiff in error. 121 Fla. at 510-511 , 163 So. at 883-884 (footnote and citation omitted). [2] We adopt this definition for purposes of determining whether an appeal is frivolous within the meaning of section 944.28(2)(a). 1997An appeal is not frivolous where a substantial justiciable question can be spelled out of it, or from any part of it, even though such question is unlikely to be decided other than as the lower court decided it, i.e., against appellant or plaintiff in error. 121 Fla. at 510-511 , 163 So. at 883-884 (footnote and citation omitted). [2] We adopt this definition for purposes of determining whether an appeal is frivolous within the meaning of section 944.28(2)(a). | 2 | 2 |
Whitten v. Progressive Cas. Ins. Co.green2 sentences1996Co., 410 So.2d 501, 505 (Fla.1982) (quoting Treat v. State ex rel. 1995The court in Whitten equated the lack of a justiciable issue with a frivolous appeal, which is an action "`so clearly untenable, or the insufficiency of which is so manifest on a bare inspection of the record and assignments of error, that its character may be determined without argument or research.'" 410 So.2d at 505 (quoting Treat v. State ex rel. | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Padgett v. State
green
1 sentence1938Attention again is directed to the statements of this Court about the preparation and filing of transcripts as made in Padgett v. State, 64 Fla. 389 , text p. 392, 59 So. 946 , Ann. | 1 | 1938–1938 |
Butler v. Eaton
green
1 sentence1902Some •authorities hold that an appellate court possesses that power (Butler v. Eaton, 141 U. S. 240 , 11 Sup. Ct. Rep. 985; Gas Light Co. v. Zanesville, 47 Ohio St. 35 , 23 N. E. | 1 | 1902–1902 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.