Holtsberg v. McCarty

Upon motion filed by appellee to dismiss the appeal in this case as frivolous, this Court entered an order that action on the motion to dismiss be postponed until after the briefs were all filed in order that the Court might have the benefit of appellants’ arguments in support ■ of the propriety of the appeal, as against appellee’s motion.

It does not appear that the questions raised and argued are so unfounded and lacking in probable merit that it can be inferred therefrom that the appeal was taken as a frivolous appeal or solely for the purpose of delay. Therefore the motion to dismiss the…