W. E. SMITH, APPELLANT,
v.
EDITH GERTRUDE TYDINGS, AND H. D. STOKES AS TRUSTEE, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court affirmed a lower court's decision to sustain a demurrer, holding that the appellant's bill of complaint failed to establish a valid lien and lacked equity.
No, the allegations in the bill of complaint were insufficient to establish the existence of a lien, and the bill lacked equity, showing a complete and adequate remedy at law.
“The allegations of the bill of complaint are insufficient to establish the existence of a lien in favor of the complainant in the court below against the defendant in the court below.”
Establishes the primary reason for the court's decision regarding the lien claim.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant filed a bill of complaint seeking a lien on appellee Tydings' property, held by Stokes as Trustee, for attorney services rendered in a prior…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Remedy At Law cases and more on FLexlaw
The appellant filed bill of complaint in the Circuit Court of Marion County claiming a lien on certain property of the appellee Tydings in the hands of Stokes as Trustee, and also upon certain real estate, which lien was claimed for his services as an attorney in a suit which he had heretofore prosecuted in the Circuit Court and the Supreme Court on behalf of the appellee, in which suit final settlement was made between the parties before the final decree as to their respective rights therein, and which suit was dismissed upon stipulation and agreement between the parties before final decree.
A demurrer to the bill of complaint was sustained.
The allegations of the bill of complaint are insufficient to establish the existence of a lien in favor of the complainant in the court below against the defendant in the court below.
*1415The bill of complaint shows upon its face that the complainant had a complete and adequate remedy at law and the bill .was without equity.
The judgment should be affirmed and it is so ordered.
Affirmed.
Whitfield, P. J., and Strum and Buford, J. J., concur.
Terrell, C. J., and Ellis and Brown, J. J. concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Daniel Mones, P.A. v. Smith, 486 So. 2d 559 (Fla. 1986)…attempts to establish charging liens collaterally, on the ground that “an adequate remedy” is available by means of an action at law to establish entitlement to a fee in “adversary proceedings.” Gay v. McCaughan, 105 So. 2d at 773; Smith v. Tydings, 100 Fla. 1414, 1415, 131 So. 319, 320 (1930). Except where the charging lien is established in the proceeding in which [*564] the services were rendered, an attorney is no more entitled to have a lien impressed summarily by decree of a court of equity than is any…
-
Ira E. Billingham v. Ellsworth W. Thiele, 107 So. 2d 238 (Fla. 2d DCA 1958)…elow, this court has concluded some of the propositions involved herein, by its decision rendered in the case of Scott v. Kirtley, 113 Fla. 637, 152 So. 721, 93 A.L.R. 661. See, also, Alyea v. Hampton, 112 Fla. 61, 150 So. 242, and Smith v. Tydings, 100 Fla. 1414, 131 So. 319.” Since the Guthrie case holds in the absence of an agreement that the attorney had no equitable lien upon the land itself, we should have to look at Scott v. Kirtley, supra. In the Scott case the attorney, when he was employed by the…1 / 2
-
Guthrie v. Home Bldg. & Loan Co., 116 Fla. 822 (Fla. 1934)…urt below this Court has concluded some of the propositions involved herein, by its decision rendered in the case of Scott v. Kirtley, 113 Fla. 637, 152 Sou. Rep. 721. See also: Alyea v. Hampton, 112 Fla. 61, 150 Sou. Rep. 242, and Smith v. Tydings, 100 Fla. 1414, 131 Sou. Rep. 319. If as attempted to be alleged in the amended bill of complaint the complainant has an equitable interest to be sub-served by the payment over to him of certain moneys that are due to be paid to him from time to time by defendant…