Spinney v. Live Oaks Manor

162 So. 864, 120 Fla. 465, 1935 Fla. LEXIS 1417

• Court: Supreme Court of Florida
• Decided: July 23, 1935
• Status: Published

Opinion

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.

It is so ordered.

Affirmed.

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