Bituminous Casualty Corp. v. Clements

This cause is before us on appeal from decree of Circuit Court reversing the award of the Florida Industrial Commission and making a different award.

Before discussing the merits of the case, we shall consider the contention of the appellee that the Circuit Court erred in denying the motion to dismiss filed therein. The sole ground of the motion to dismiss, as shown by the record, was:

“That the appeal entered herein on the 13th day of May, A.D. 1940, be dismissed because the same is frivolous and taken for the purpose of delay.”

It is now contended that the motion to dismiss should have been…