Legal Opinion

Brahmbhatt v. Allstate Indemnity Co.

District Court of Appeal of Florida

Decided April 5, 1995No. 94-0830Published

1Opinion of the Court

KLEIN, Judge.

In Treat v. State ex rel. Mitton, 121 Fla. 509, 163 So. 883 (1935), our supreme court defined a frivolous appeal as follows:

A frivolous appeal is not merely one that is likely to be unsuccessful. It is one that is so readily recognizable as devoid of merit on the face of the record that there is little, if any, prospect whatsoever that it can ever succeed. See Hopkinson Et Al. v. Kennedy, 225 Mass. 231, 114 N.E. 204 (Mass.1916). It must be one so clearly untenable, or the insufficiency of which is so manifest on a bare inspection of the record and assignments of error, that its…

2Cases cited3 opinions

  1. Treat v. State Ex Rel. MittonSupreme Court of Florida · 1935
  2. Hopkinson v. KennedyMassachusetts Supreme Judicial Court · 1916
  3. Heilman v. Amerifirst Savings & LoanDistrict Court of Appeal of Florida · 1987

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