Franklin v. Bettencourt

This is a motion under the provisions of rule V, section 3, of the Rules for the Supreme Court and the District Courts of Appeal to dismiss the appeal or affirm the order granting a new trial, on the ground that the appeal was taken for delay and is frivolous. The appeal is from the judgment roll only. The evidence and proceedings of the trial are not before this court.

The plaintiff Franklin brought suit against the defendant Bettencourt for approximately $28,000 damages for serious and permanent injuries sustained as a result of an automobile collision which is alleged to have occurred…