Gill v. Smith

This is the second appeal in this cause. Gill v. Smith, 117 Fla. 176, 157 Sou. Rep. 657. The case is now before this Court on a motion by appellee to dismiss the appeal as frivolous and to assess 10% damages against appellants in accordance with the applicable statute. In re: Benedict's Estate, 117 Fla. 472, 158 Sou. Rep. 276; Section 4639 C. G. L., 2920 R. G. S., 4965 C. G. L.. 3173 R. G. S. Appellant has subsequently moved for a voluntary dismissal of his own appeal without prejudice, as provided for by our rule. Thompson v. Filer, 99 Fla. 539, 126 Sou. Rep. 766; Supreme Court, Rule 23.

The…