Spinney v. Live Oaks Manor

Supreme Court of Florida
Spinney v. Live Oaks Manor, 162 So. 864 (Fla. 1935)
120 Fla. 465; 1935 Fla. LEXIS 1417
Whitfield, Ellis, Brown, Buford, Davis

Spinney v. Live Oaks Manor

Opinion of the Court

Per Curiam.

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.

*466 It is so ordered.

Affirmed.

Whitfield, C. J., and Ellis, Brown, Buford, and Davis, J. J., concur.

Reference

Full Case Name
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.
Status
Published