SECURITY FINANCE COMPANY, A CORPORATION, PETITIONER,
v.
J. W. GARDENER, RESPONDENT
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The Florida Supreme Court quashed a judgment against a petitioner, finding that the underlying declaration failed to state a cause of action and that the award of attorney's fees was unconstitutional.
No, the declaration failed to state a cause of action. Additionally, the statutory provision for attorney's fees in such cases has been held unconstitutional.
“In this case there was certiorari to the Circuit Court of Gulf County, Florida, to review the judgment of that court affirming the judgment of the County Judge’s Court of that county against the petitioner in a civil suit in which the respondent, has secured judgment against petitioner in an action to enforce a statutory lien upon certain property.”
Describes the procedural posture of the case and the lower courts' actions.
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Join FLexlaw to unlock all legal intelligenceA respondent obtained a judgment against a petitioner in the County Judge's Court to enforce a statutory lien. The judgment was affirmed by the Circui…
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Bueord, J.
In this case there was certiorari to the Circuit Court of Gulf County, Florida, to review the judgment of that court affirming the judgment of the County Judge’s Court of that county against the petitioner in a civil suit in which the respondent, has secured judgment against petitioner in an action to enforce a statutory lien upon certain property.
The judgment was had upon a declaration which entirely fails to state any cause of action against the defendant. It is not alleged in the declaration that the defendant was in any capacity owner of the property described in the declaration upon which a lien was claimed, nor is it alleged by inference, or otherwise, that the defendant had become in any manner obligated or bound to pay the plaintiff the sum claimed, or any other sum. Judgment was rendered in favor of the plaintiff against the defendant for the sum of $87.35, together with the further sum of $10.00 as attorney’s fees, as provided by Section 3525, Revised General Statutes of Florida. This Court has held in a number of cases that the provision in this statute which allows solicitor’s fees in favor of the material men and laborers is unconstitutional. See Lowe v. East & West Coast Rwy., 79 Fla. 43, 83 Sou. 671; Crim v. Drake, 86 Fla. 470, 89 Sou. 349.
Because of the reasons stated, it appears that the essential requirements of the law were not complied with in the obtaining of the judgment as disclosed by the record.
The judgment of the County Judge’s Court affirmed by the Circuit Court is quashed.
Whitfield, P. J., and Terrell, J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in the opinion.
Cases With Similar Vibessemantic neighbors from the corpus
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Kittel v. Anne B. Kittel, 210 So. 2d 1 (Fla. 1967)…illman, Fla.App.1958, 105 So. 2d 33; 8 Fla.Jur., Costs, Sec. 33. Statutory provisions in this connection are considered in derogation of common law so as to require strict construction and constitutional evaluation: Security Finance Co. v. Gardener, 94 Fla. 549, 114 So. 232; Great American Indemnity Co. v. Williams, Fla.1956, 85 So. 2d 619. . McGregor v. Provident Trust Co., 119 Fla. 718, 162 So. 323; Harwell v. Sheffield, Fla.1957, 112 So. 2d 377. . There was no departure' from the pleadings originally…
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Carolina Portland Cement Co. v. Baumgartner, 99 Fla. 987 (Fla. 1930)
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Ulsch v. Mountain City Mill Co., 103 Fla. 932 (Fla. 1931)…. Quincy, 66 Fla. 52, 62 Sou. Rep. 922, Ann. Cas. 1916D 208; Brinson v. Tharin, 99 Fla. 696, 127 Sou. Rep. 313; [*936] In re: Edwards, 100 Fla. 989, 130 Sou. Rep. 615; Harrison v. Frink, 75 Fla. 22, 77 Sou. Rep. 663; Security Finance Co. v. Gardner, 94 Fla. 549, 114 Sou. Rep. 232. In this ease the petitioner was plaintiff and the respondent here was defendant in the Civil Court of Record. There was an order by the judge of the Civil Court of Record denying the respondent’s motion for an instructed verdict…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gulf Ref. Co. v. Lizzie Howard, 82 Fla. 27 (Fla. 1921)
- Crim v. Drake, 86 Fla. 470 (Fla. 1923)
- Lowe v. East and West Coast Railway, 79 Fla. 43 (Fla. 1920)