BEVERLY SMITH AND MABEL SMITH, HIS WIFE, APPELLANTS,
v.
FIDELITY TRUST COMPANY, A CORPORATION, APPELLEE
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 dismissed an appeal because not all parties affected by the lower court's decree were included in the appeal. The court held that failure to join all necessary parties divests the appellate court of jurisdiction.
No, the appellate court lacks jurisdiction to hear the appeal if not all parties affected by the decree are joined as parties to the appeal.
“West Coast Lumber & Supply Company has a vital and pecuniary interest in the decree appealed from and is not made a party to this appeal, and therefore, this Court is without jurisdiction in determining the rights of the West Coast Lumber & Supply Company as affected by the final decree.”
Establishes the reason for lack of jurisdiction.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe lower court entered a foreclosure decree in favor of Fidelity & Trust Company, establishing its lien as prior to other defendants. The decree also…
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 Foreclosure Decree cases and more on FLexlaw
Per Curiam.
In this ease the' decree in foreclosure was in favor of the original complainant, Fidelity & Trust Company, a corporation, as the holder of a lien pyior to the rights of the several defendants. It was also in favor of one of the original defendants, the West Coast Lumber & Supply Company, in foreclosure of a subsequent mortgage embracing the same property and decrees the lien in favor of the West Coast Lumber & Supply Company to be inferior and subordinate to the lien decreed in favor of Fidelity Trust Company.
West Coast Lumber & Supply Company has a vital and pecuniary interest in the decree appealed from and is not made a party to this appeal, and therefore, this Court is without jurisdiction in determining the rights of the West Coast Lumber & Supply Company as affected by the final decree.
The notice of appeal limits appellants to those named in the body of the notice of appeal, and, therefore, the provisions of Chap. 11890, Acts of 1927, will not be held to apply to the record in this case.
The appellant, having failed to make all parties affected by the decree parties to this appeal, the appeal should be dismissed and it is so ordered.
Dismissed.
Whitfield, P. J., and Terrell and Buford, J. J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hay v. Frank W. Isetts and wife, 98 Fla. 1026 (Fla. 1929)…est in the property, - which was tantamount to subordinating his lien to the lien of the complainant and he therefore had such a pecuniary interest in the decree appealed from that he was a necessary party to the appeal. Smith v. Fidelity Trust Co., 96 Fla. 168, 117 So. R. 791. All parties who were interested in the decree and against whom it was entered should be made parties to the appeal .therefrom and when one of them is omitted from the appeal and fails to appear the appeal will be dismissed. Bate v.…
-
Gardner v. N. Inv. Corp., 117 Fla. 291 (Fla. 1934)…arty to this appeal and as it was not made a party thereto, the appeal should be dismissed on authority of Hay, et al., v. Issetts, et ux., 98 Fla. 1026, 125 Sou. 237; Whitted v. Abbey, 54 Fla. 669, 45 Sou. 478; Smith, et ux., v. Fidelity Trust Co., 96 Fla. 168, 117 Sou. 791, and it is so ordered. Timely motion to dismiss was filed herein, but on con [*293] sideration thereof the same was continued until the filing of briefs. This case is to be differentiated from the case of Gover v. Mann, in which opin…
-
J. W. McWilliams Co. v. Fort Myers Dev. Corp., 105 Fla. 13 (Fla. 1932)…al on the ground that it names no one in the body of the notice as appellees and its sufficiency is questionable as to the designation of the cause by “its usual title in the inferior court”. See Chapter 11890 Laws 1927; Smith v. Fidelity Trust Co., 96 Fla. 168, 117 South. Rep. 791. So the point is not considered although the jurisdiction of this court may depend upon the use of the plural word “defendants” in the body of the notice, the names of Walker and the Development Corporation appearing in the cap…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence