IN THE MATTER OF THE ESTATE OF WALTER N. HELVESTON, ABSENTEE, (IN RE CLAIM OF D. J. HOBBS AGAINST LOT 2, BLOCK 120)
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.
D. J. Hobbs sought to intervene in a receivership proceeding for Walter N. Helveston's estate to assert a statutory lien on property for materials and labor provided. The circuit court denied his petition to intervene, and the Florida Supreme Court reversed, holding that a claimant with a properly alleged statutory lien should be permitted to intervene in an estate receivership.
The petition to intervene should have been granted. A court that has assumed jurisdiction of an estate and appointed a receiver may direct the management and control of the estate and settlement of lawful claims, and a claimant whose petition and sworn statement set forth all essential allegations of a statutory lien should be allowed to intervene.
“The court having assumed jurisdiction of the estate and having appointed a receiver, may direct the management and control of the estate and the settlement of lawful claims against the estate.”
Establishes the court's authority to manage the receivership estate and adjudicate claims once jurisdiction is assumed.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWalter N. Helveston's estate was placed in the hands of a court-appointed receiver in Charlotte County. D. J. Hobbs filed a petition to intervene as a…
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 Statutory Lien cases and more on FLexlaw
Buford, J.
In this case a receiver was appointed by the Circuit Court of Charlotte County to take charge of, hold, manage and conduct the estate, property and assets of Walter N. Helveston. Later D. J. Hobbs filed a petition in that court to be allowed to intervene as a claimant holding a preferred claim against the estate of Walter N. Helveston, such claim being an alleged lien on certain property of Walter N. Helveston acquired by the furnishing of material and labor to construct certain improvements on such property and prayed for an adjudication of his claim against the receiver. At the same time D. J. Hobbs filed a petition praying an order of court allowing him to file independent suit in chancery to enforce his claim against the receiver by foreclosure of his lien. Both petitions were denied.
It appears from the record before us that the estate of Walter N. Helveston is in the hands of a receiver under the direction of the court. The petition of Hobbs to be allowed to intervene, taken together with the sworn statement thereto attached and sought to be filed, sets forth all essential allegations to show the existence of a statutory lien against the property described in the petition in favor of the petitioner. The court having assumed jurisdiction of the estate and having appointed a receiver, may direct the management and control of the estate and the settlement of lawful claims against the estate. The petition to intervene should have been granted. See Knickerbocker Trust Co. v. Green Bay Phosphate Co., 62 Fla. 519, 56 So. R. 699; and Morgareidge v. Howey et al., 75 Fla. 234, 78 So. R. 14.
Order denying petitioner’s petition to intervene is reversed.
Whitfield, P. J. and Terrell, 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
-
Helveston v. Hobbs, 102 Fla. 458 (Fla. 1931)…sought to establish a lien in favor of Hobbs for labor and material alleged to have been performed and furnished by Hobbs to Walter N. Helveston, as owner upon lot 2, of Block 120, of the City of Punta Gorda. See In Re Estate of Walter N. Helveston, 96 Fla. 390, 117 So. 334. [*459] After taking and submission of testimony, the court below found and decreed that appellee in privity with and at the request of Walter N. Helveston, absentee, and owner, performed labor and furnished materials in construction of…
Authorities Cited
- Morgareidge v. Howey, 75 Fla. 234 (Fla. 1918)
- Knickerbocker Tr. Co. v. Green Bay Phosphate Co., 62 Fla. 519 (Fla. 1911)