A. W. SPINNEY
v.
LIVE OAKS MANOR, A CORPORATION; THE MANORS AND LITTLE GREY HOUSE, INC., WHICH WAS FORMERLY THE FLORIDA HEALTH RESORT AND RECREATIONAL CENTER FOR WOMEN, INC., ET AL.
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The Florida Supreme Court affirmed a lower court's dismissal of a contractor's bill of complaint seeking to foreclose an alleged lien. The court found the bill's allegations insufficient to establish the existence of any statutory lien for construction and repair work.
No, the allegations in the bill of complaint were entirely insufficient to show the existence of any lien in favor of the complainant.
“The sort of lien sought to be claimed could only arise pursuant to the terms of a statute.”
Establishes the legal basis required for the lien claimed by the contractor.
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Join FLexlaw to unlock all legal intelligenceA contractor filed a bill of complaint seeking to foreclose an alleged lien for construction and repair work performed between 1928 and 1934 on premis…
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The appeal brings for review a final decree dismissing bill of complaint as twice amended.
The purpose of the bill was to foreclose, an alleged lien accruing in favor of complainant as contractor for the construction of a building erected on the premises under an alleged verbal contract in 1928 and for repairs and additions made and performed on that and other buildings' on the premises between June, 1928, and the date the bill was filed in 1934.
The sort of lien sought to be claimed could only arise pursuant to the terms of a statute.
The allegations of the bill of complaint are entirely insufficient to show the existence of any lien in favor of complainant and, therefore, the order appealed from should be affirmed.
*466It is so ordered.
Affirmed.
Whitfield, C. J., and Ellis, Brown, Buford, and Davis, J. J., concur.