Dubinsky v. Ware

(concurring specially) .

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.A., and to have assessed damages under that Section against the appellant.

A careful examination of the record in this cause as well as the reading of the foregoing opinion by Justice Terrell leaves no doubt that the appeal is wholly without *816merit and falls squarely in the category of appeals condemned by the foregoing Section of the Statute. It is worthy to note that this Statute has…