59.33
Quashing appeals; power of appellate court.
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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 taken against good faith or merely for delay, and may decree in such case damages against the appellant not exceeding 10 percent.
History.—s. 13, Feb. 10, 1832; s. 50, ch. 1096, 1861; RS 1279; GS 1709; s. 13, ch. 5898, 1909; RGS 2920; CGL 4639; s. 33, ch. 22854, 1945.
Notes of Decisions
Cited in 7
cases, 1956–1982 · leading case: Grain Dealers Mutual Insurance Company v. Quarrier
Grain Dealers Mutual Insurance Company v. Quarrier (1965)
“17 and as further authorized by section 59.33, Florida Statutes, F.S.A., which provides: "59.”
McClain v. FLA. PAROLE & PROBATION COM'N (1982)
“2nd DCA 1962); § 59.33, Fla. Stat. (1981); and Fla.R.App.”
Dunscombe v. Sayle (1961)
“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. “WITNESS the Plonorable B.”
State Farm Mutual Automobile Insurance Co. v. Lee (1965)
“This is not to say, however, that if future appeals of this character are quashed for the reasons herein stated, this Court will not hesitate either on motion of appellee, or of its own motion, to impose the full consequences of the rule relating to penalties on those who bring…”
Nautilus Operating Co. v. Donald S. Lavigne, Inc. (1959)
“In those cases where a cursory examination reveals that an appeal is taken in bad faith or solely for delay and is devoid of merit, the penalty provided for by the statute should be invoked. Those who may be inclined to take advantage of the appellate procedures for securing…”
Coral Gables First National Bank v. Constructors of Florida, Inc. (1962)
“, 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.”
Dubinsky v. Ware (1956)
“I concur in the foregoing opinion and judgment but I think it would have been more appropriate to have quashed the appeal under the provisions of Section 59.33, Florida-Statutes 1951, F.S.”
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