JANINE TURNER, APPELLANT,
v.
GRIPS WESTERN, INC., APPELLEE

Fla. 4th DCA | 1990-08-15
No. 90-0929
GUNTHER, J., concurs., LETTS, J., dissents without opinion.
565 So. 2d 874 Florida District Court of Appeal, Fourth District (1990)

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Synopsis

Grips Western, a feed store, sought an ex parte temporary injunction to prevent Turner from removing two horses from the court's jurisdiction to secure a debt for feed and supplies. The Fourth District Court of Appeal reversed, holding that the feed store did not qualify for a statutory lien on the horses under Florida law because the horses were never placed in the feed store's charge or possession.


Holding

The feed store is not entitled to a lien under § 713.65 because that statute requires the animal be placed in the charge of the lienor, which did not occur here. Since no lien exists, the injunction must fail because an adequate remedy at law (an action for money damages) is available.


Headnotes

[1] A statutory lien for the care and maintenance of an animal requires that the animal be placed in the charge of the lienor.

[2] A feed store is not entitled to a lien on horses under section 713.65, Florida Statutes, when it merely delivers feed to the horses' stable without taking charge of the a…

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Key Quotes

“In favor of all persons feeding or caring for the horse or other animal of another, including all keepers of livery, sale, or feed or feed stables for feeding or taking care of any horse or other animal put in their charge; upon such horse or other animal.”

The statutory language of § 713.65 establishing the requirements for a lien on animals, which the court found were not satisfied.

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Facts & Procedural History

Grips Western, a feed store, filed a complaint against Turner seeking $16,668.00 for feed and related items supplied for two horses owned by Turner. T…

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Opinion of the Court
WARNER, Judge.

WARNER, Judge.

The appellee, Grifs Western, a feed store, filed a complaint against the appellant seeking damages, alleging that the appellant owed appellee $16,668.00 for feed and related items for two horses owned by the appellant. It also requested the imposition of a lien on the horses pursuant to section 713.65, Florida Statutes (1989). The appellee feed store moved for and obtained an ex parte temporary injunction preventing appellant from removing the horses from the jurisdiction of the court. Appellant then moved to dissolve the temporary injunction, which motion was de nied. It is from that order that appellant lodges this appeal.

Because this is a suit for money damages, the ability of the appellee to obtain an injunction preventing the removal of the horses depends upon whether or not appel-lee is entitled to a lien on the horses under section 713.65, Florida Statutes (1989). That statute provides for a lien for the care and maintenance of animals ...

In favor of all persons feeding or caring for the horse or other animal of another, including all keepers of livery, sale, or feed or feed stables for feeding or taking care of any horse or other animal put in their charge; upon such horse or other animal.

§ 713.65, Fla.Stat. (1989).

In this case the appellees were not “feeding or caring for the horse” and admitted that the horses were not “put in their charge” as required by the statute. All appellees did was deliver feed to a barn where the horses were stabled. Therefore, this lien statute does not apply. We contrast section 713.65, which requires that the animal be put in the charge of the lienor, with section 713.66, Florida Statutes (1989), which is entitled “Liens for feed, etc. for racehorses, polo ponies and race dogs.” That statute specifically addresses feed for such animals and does not require possession or charge of the animal by the lienor. In fact, the statute refers to delivery of the supplies to the premises where the animals are located. Were appellant’s horses racehorses, then appellee would have a lien under section 713.66.

Since we hold that the lien statute does not apply, the injunction must necessarily fail because of the existence of an adequate remedy at law, namely an action for money damages. See Holiday Pines Property Owners Ass’n, Inc. v. Wether-ington, 557 So. 2d 243 (Fla. 4th DCA 1990). We therefore reverse the order of the trial court denying the motion to dissolve the injunction and direct that the order of temporary injunction be dissolved.

GUNTHER, J., concurs.

LETTS, J., dissents without opinion.


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