Clifford v. Eastern Mortgage & Security Co.

The appeal here is from a final decree of foreclosure of an assigned mortgage. Motion to dismiss the appeal as frivolous is now before the Court. Such motion should be denied on the authority of Treat v. State, ex rel: Mitton, 121 Fla. 509, 163 Sou. Rep. 833, wherein it was held that a frivolous appeal is one presenting no justiciable question or one so readily recognizable as devoid of merit on the face of the record that there is little, if any, prospect that it can ever succeed. In this case the appellant has raised two distinct questions of law, both of which have been properly presented…