COMMERCIAL ENGINEERING AND CONTRACTING COMPANY, INC., A CORPORATION, APPELLANT,
v.
MARY Y. BEALS, INDIVIDUALLY, AND AS EXECUTRIX OF THE ESTATE OF EDWARD E. BEALS, DECEASED, APPELLEE
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Commercial Engineering and Contracting Company sued Mary Y. Beals for payment under a contract with the deceased Edward E. Beals, claiming both statutory and equitable liens on property, and alternatively seeking money damages. The trial court dismissed the entire complaint, but the appellate court reversed in part, holding that while the lien claims were properly dismissed, the money damages claim should have been transferred to the law side of the court rather than dismissed.
The statutory and equitable lien claims were properly dismissed and the court correctly refused to retain jurisdiction over them in equity, but the legal claim for money damages for the $6,000 owed under the contract should not have been dismissed; instead, it should have been transferred to the law side of the court for trial.
“The record supports the ruling of the chancellor that the plaintiff showed no basis for a statutory or equitable lien, and we see no need to discuss the facts set out and the contentions of counsel relating to those features of the suit.”
Establishes that the trial court properly dismissed the lien claims based on the record.
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Join FLexlaw to unlock all legal intelligenceCommercial Engineering and Contracting Company alleged it had performed services under a contract made with Edward E. Beals before his death. The comp…
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CARROLL, CHAS., Chief Judge.
The appellant filed an equity suit against Mary Y. Beals, individually and as exec utrix of the estate of Edward E. Beals, deceased, alleging that it had performed certain services under contract made with Edward E. Beals before his death, for which plaintiff claimed a lien under Chapter 84, Fla.Stat., F.S.A., on certain property owned by the deceased and his widow, and in the alternative claimed an equitable lien. In the complaint, also, the plaintiff sought a decree for money damages in the event a lien was not allowed.
The defendants filed an answer incorporating a motion to dismiss, following which the matter was brought on for hearing on the pleadings, on motion of defendant filed pursuant to Rule 1.11(c) of 1954 Florida Rules of Civil Procedure, 30 F.S.A. The chancellor granted defendants’ motions, and dismissed the cause with prejudice. The appeal is directed to that order of dismissal.
The claim of a statutory lien was abandoned in the argument, but on appropriate assignments of error appellant contends that it should be held to have an equitable lien, or in the absence of a lien that it should be entitled to a judgment for money damages.
The record supports the ruling of the chancellor that the plaintiff showed no basis for a statutory or equitable lien, and we see no need to discuss the facts set out and the contentions of counsel relating to those features of the suit. It was not error for the court to refuse to retain jurisdiction in the equity suit for trial of the claim for a money judgment. Gentry-Futch Co. v. Gentry, 90 Fla. 595, 106 So. 473, 475; Norris v. Eikenberry, 103 Fla. 104, 137 So. 128, 135; Brass v. Reed, Fla.1953, 64 So. 2d 646, 648; Ramsey v. Lovett, Fla.1956, 89 So. 2d 669, 670.
In the complaint it was alleged that the decedent Beals had agreed to pay plaintiff $6,000 to do certain work, for the performance of which a money judgment was sought. That legal claim should not have been dismissed, but should have been transferred to the law side of the court as provided for by Rule 1.39, 1954 Florida Rules of Civil Procedure, 30 F.S.A. To that extent the decree is reversed and the cause remanded for further proceedings. See Brass v. Reed, supra. In all other respects the decree is affirmed.
Affirmed in part and reversed in part.
HORTON and PEARSON, JJ., concur.
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Citator
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Ganaway v. Henderson, 103 So. 2d 693 (Fla. 1st DCA 1958)…6; Nunn v. Florida Air Conditioning & Refrigeration Corp., 143 Fla. 648, 197 So. 388. The course I think this court should have pursued is that adopted on the appeal in the recent case of Commercial Engineering & Contracting Co. v. Beals, Fla.App., 99 So. 2d 882. There the defendant filed an answer incorporating a motion to dismiss the complaint and brought the same on to be heard on motion for decree on the pleadings pursuant to Rule 1.11(c) F.R.C.P. The chancellor dismissed the complaint with prejudice. T…
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Emerson C. Cook v. Cent. & S. Fla. Flood Control Dist., 114 So. 2d 691 (Fla. 2d DCA 1959)…is altogether a money judgment. Ordinarily, where relief sought is solely for a money judgment, the remedy at law is completely adequate. Ramsey v. Lovett, Fla.1956, 89 So. 2d 669; Commercial Engineering & Contracting Company v. Beals, Fla.App.1958, 99 So. 2d 882; Braz v. Professional Insurance Corporation, Fla.App. 1958, 101 So. 2d 594; and 12 Fla.Jur., Equity, section 30, p. 173. However, monetary relief may be granted as an incident where equitable jurisdiction has been properly assumed. There is no atte…
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Superior Uniforms, Inc. v. Neway Unif. & Towel Supply OF Fla., Inc., 166 So. 2d 464 (Fla. 3d DCA 1964)…reb, Fla.App.1957, 97 So. 2d 494. Such a motion may be more effectively presented after the real nature of the cause of action has been made to appear by discovery or otherwise. Cf., Commercial Engineering and Contracting Co. v. Beals, Fla.App.1958, 99 So. 2d 882. The main thrust of this appeal is that there was no jurisdiction in the equity court to proceed at the time of trial because at that time the only relief possible was a money judgment. It is apparent on this record that the chancellor found that t…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gentry-Futch Co. v. Gentry, 90 Fla. 595 (Fla. 1925)
- Norris v. Jonas Eikenberry, 103 Fla. 104 (Fla. 1931)
- Brass v. Reed, 64 So. 2d 646 (Fla. 1953)
- Ramsey v. Lovett, 89 So. 2d 669 (Fla. 1956)