DARRELL SMITH
v.
G. H. HEATH AND HIS WIFE BERTHA HEATH, ET AL.
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The Florida Supreme Court affirmed a lower court's dismissal of a creditor's bill, finding the allegations insufficient to grant equitable relief. The court determined that the property in question was no longer a partnership asset when the judgment was recovered, as an interest had been conveyed to an outsider prior to that date.
No, the allegations in the amended bill of complaint were insufficient to warrant the relief prayed for, and thus there was no reversible error in the order dismissing the bill.
“The facts are not sufficient to entitle plaintiff to any relief in a Court of Equity against the defendants, Frank Brewer, Loucille Brewer, Joe Priest, Marjorie Priest, or A. W. Landers.”
This quote establishes the lower court's finding that the factual allegations did not support equitable relief against specific defendants.
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Join FLexlaw to unlock all legal intelligenceThe appellant filed an amended creditor's bill against the appellees after obtaining a judgment. The defendants, except for G. H. Heath and Bertha Hea…
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An amended creditor’s bill was filed against the appellees by the appellant. Motions were interposed by all the defendants except G. H. Heath and his wife Bertha Heath to dismiss the bill.
On hearing on these motions the court held:
“It appears from the amended bill of complaint that on September 15th 1944, the date upon which plaintiff recovered his judgment, the lands in question were no longer partnership assets. An undivided one-half interest therein had been previously conveyed by one of the co-partners, Frank Brewer, joined by his wife, to an outsider, Marjorie Priest. The facts are not sufficient to entitle plaintiff to any relief in a Court of Equity against the defendants, Frank Brewer, Loucille Brewer, Joe Priest, Marjorie Priest, or A. W. Landers. In consideration of the premises, it is
“ORDERED AND DECREED that said motion to dismiss are granted.”
Having examined the transcript of the record and considered the oral argument presented by counsel for the parties in connection with the briefs filed, it is our conclusion that the allegations of the amended bill of complaint are entirely insufficient to warrant the relief prayed and, therefore, there is no reversible error in the order appealed from.
The decree is affirmed.
CHAPMAN, C. J., BUFORD and ADAMS, JJ., concur.
BROWN, J., concurs in the conclusion.