EDGAR FERDON AND HIS WIFE, FLORENCE FERDON, JOINED BY HER HUSBAND, EDGAR FERDON, APPELLANTS,
v.
HENDRY LUMBER COMPANY, A CORPORATION, APPELLEE
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The Florida Supreme Court reversed an order overruling a demurrer to a bill of complaint seeking to foreclose a materialman's lien on property held by entireties. The court found the bill insufficient for failing to allege statutory requirements for such a lien.
No, the bill of complaint is insufficient because it fails to allege the necessary statutory facts, specifically that the materials were furnished with the knowledge or assent of both spouses or under a written contract with them.
“The right to enforce a lien for labor performed or material furnished against an estate by entireties is statutory and one seeking to enforce such a lien must allege the existence of the statutory provisions under which such a lien may be acquired.”
Establishes the statutory basis for liens on entireties property and the pleading requirement.
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Join FLexlaw to unlock all legal intelligenceAppellants filed a bill to foreclose a materialman's lien on property held by husband and wife as an estate by entireties. A demurrer was filed to the…
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Buford, J.
In this case bill was filed to foreclose a materialman’s lien. A demurrer was filed to the bill of complaint, the same was overruled and appeal was entered from the order overruling the demurrer. The bill of complaint shows upon its face that the lien is claimed upon property, the title to which is held by husband and wife in an estate by entireties.
The right to enforce a lien for labor performed or material furnished against an estate by entireties is statutory and one seeking to enforce such a lien must allege the existence of the statutory provisions under which such a lien may be acquired.
In this case the bill of complaint does not allege the material facts which are necessary to the creation of the lien, as provided by Chapter 9296, Acts of 1923, Sec. 5360, C. G. L. 1927, in-that the bill fails to allege that the materials were furnished with the knowledge or assent of the husband and wife, or that such materials were furnished under a written contract with the husband and wife for the furnishing of the same.
For the reason stated the order overruling the demurrer should be reversed and it is so ordered.
Reversed.
Terrell, C. J., and Whitfield, Elias and Brown, J. J., concur.
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Traylor v. State, 596 So. 2d 957 (Fla. 1992)…itrary and autocratic power, from whatever official quarter it may advance to invade these vital rights of personal liberty and private property, “Thus far shalt thou come, but no farther.” State ex rel. Davis v. City of Stuart, 97 Fla. 69, 102-03, 120 So. 335, 347 (1929). No other broad formulation of legal principles, whether state or federal, provides more protection from government overreaching or a richer environment for self-reliance and individualism than does this “stalwart set of basic principles…
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Rev. Dr. James Armstrong v. Harris, 773 So. 2d 7 (Fla. 2000)…itute a limitation upon the powers of each and all the departments of the state government. Thus no department, not even the legislative, has unlimited power under our system of government. State ex rel. Davis v. City of Stuart, 97 Fla. 69, 102-03, 120 So. 335, 347 (1929). Courts must attend with special vigilance whenever the Declaration of Rights is in issue.36 Under our constitutional form of government in Florida, the Legislature is authorized to enact statutory laws and the courts can define the com…
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N. Fla. Women's Health & Counseling Servs., Inc. v. State, 866 So. 2d 612 (Fla. 2003)…Declarations of Rights ... say to arbitrary and autocratic power, from whatever official quarter it may advance to invade these vital rights ... “Thus far shalt thou come, but no farther.” State ex rel. Davis v. City of Stuart, 97 Fla. 69, 102-03, 120 So. 335, 347 (1929). No other broad formulation of legal principles, whether state or federal, provides more protection from government overreaching ... than does this “stalwart set of basic principles.” Traylor v. State, 596 So. 2d 957, 963 (Fla.1992). F…
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