Georgia Casualty Co. v. O'donnell
| Decision Date | 24 March 1933 |
| Citation | 109 Fla. 290,147 So. 267 |
| Court | Florida Supreme Court |
| Parties | GEORGIA CASUALTY CO. v. O'DONNELL et al. |
Suit by the Georgia Casualty Company against W. D. O'Donnell and others. The bill was dismissed, and complainant appeals.
Affirmed. Appeal from Circuit Court, Dade County; Paul D Barns, Judge.
C. C Youmans, of Miami, for appellant.
The sole question presented by the record in this case is whether the circuit court of Dade county, Fla., had jurisdiction to entertain a suit for the foreclosure of a mortgage on lands lying wholly within Liberty county, Fla. The lower court decided the question in the negative, and the present appeal is from that order. It is the contention of appellant that the suit may be brought either in the county where the defendants reside or in the county the property in litigation is.
Section 4219, Compiled General Laws of Florida 1927 (section 2579 Rev. Gen. St.), is as follows:
Section 4889 of Compiled General Laws of Florida 1927 (section 3105, Rev. Gen. St.) is as follows:
'All provisions of law governing locality of actions at law shall, when they can be made applicable, govern those in chancery.'
This court is committed to the doctrine that the venue statute allowing suits to be brought in the county where the defendants reside does not confer extraterritorial jurisdiction on the courts or alter the local action rule. The authority of the statute to bring suit in the county of defendants' residence necessarily presupposes that the court have jurisdiction of the subject-matter of the action, as well as of the parties. See Lakeland Ideal Farms & Drainage District v. Mitchell, 97 Fla. 890, 122 So. 516.
The circuit court in this state, under our Constitution and laws, cannot by its officers take possession of property beyond its territorial limits. State v. Jacksonville, P. & M. R. Co., 15 Fla. 201, text 285.
A proceeding in rem or in the nature of a proceeding in rem should be brought in the county where the land lies. Largo Land Co. v. Skipper, 98 Fla. 541, 123 So. 915.
A suit to foreclose a mortgage is to a certain extent and for certain purposes a proceeding in rem, since it is primarily directed against the mortgaged property, but it is more accurately termed 'quasi in rem.' See 42 C.J. § 1504.
The rule is stated that in those states where the mortgage is considered a mere lien and the legal title remains in the mortgagor the decree operates to deprive the mortgagor of that estate, and therefore the action would be regarded as local. If a sale of the property is asked for, as this operates in rem, jurisdiction is restricted to the local court of the county in which the land lies. Jones on Mortgages (7th Ed.) § 1444.
At common law a mortgagee took legal title to the mortgaged property, and foreclosure was to terminate the mortgagor's right to redeem. In...
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Royal Palm Corporate Ctr. Ass'n, Ltd. v. PNC Bank, NA
...case of a mortgagee is an exception to this rule; he has a right to proceed on his mortgage in equity and his bond at law, at the same time.”). 5.Ga. Cas. Co. v. O'Donnell, 109 Fla. 290, 147 So. 267, 292–93 (1933) (“A suit to foreclose a mortgage is to a certain extent and for certain purpo......
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Aluia v. Dyck-O'Neal, Inc., 2D15–2059.
...that directs the sale of the mortgaged property to satisfy the mortgagee's lien. See generally Georgia Cas. Co. v. O'Donnell, 109 Fla. 290, 147 So. 267, 268 (1933). As such, it "applies only to the property secured by the mortgage, and does not impose any personal liability on the mortgagor......
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Board of Trustees of Internal Improvement Trust Fund of State v. Mobil Oil Corp.
...the action is local to the circuit in which the land lies. Lakeland Ideal Farm & Drainage District. See also Georgia Casualty Co. v. O'Donnell, 109 Fla. 290, 147 So. 267 (1933); Largo Land Co. v. Skipper, 98 Fla. 541, 123 So. 915 (1929); George v. Gustinger, 350 So.2d 574, 575 (Fla. 3d DCA ......
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Goedmakers v. Goedmakers
...courts have no jurisdiction in actions relating to real property located outside their territorial boundaries. Georgia Casualty Co. v. O'Donnell, 109 Fla. 290, 147 So. 267 (1933). See generally 56 Fla.Jur.2d Venue § 7 (1985); 13 Fla.Jur.2d Courts and Judges § 80 (1985). Where the action is ......
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Chapter 6-1 Introduction
...Penton v. Intercredit Bank, N.A., 943 So. 2d 863, 864 (Fla. 3d DCA 2006).[10] Fla. Stat. § 47.011; see also Georgia Cas. Co. v. O'Donnell, 147 So. 267, 268, 109 Fla. 290, 292 (1933).[11] Hudlett v. Sanderson, 715 So. 2d 1050, 1052 (Fla. 4th DCA 1998); Tavernier Towne Associates v. Eagle Nat......
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Chapter 6-1 Introduction
...Penton v. Intercredit Bank, N.A., 943 So. 2d 863, 864 (Fla. 3d DCA 2006).[10] Fla. Stat. § 47.011; see also Georgia Cas. Co. v. O'Donnell, 147 So. 267, 268, 109 Fla. 290, 292 (1933).[11] Hudlett v. Sanderson, 715 So. 2d 1050, 1052 (Fla. 4th DCA 1998); Tavernier Towne Associates v. Eagle Nat......
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Chapter 1-2 Initiation of a Foreclosure Action
...Complaints.--------Notes:[11] Hudlett v. Sanderson, 715 So. 2d 1050 (Fla. 4th DCA 1998); see also Georgia Cas. Co. v. O'Donnell, 147 So. 267, 268 (1933). If a mortgage encumbers property in two different counties, the foreclosure action may be brought in either county. Fla. Stat. § 702.04 (......
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Chapter 1-2 Initiation of a Foreclosure Action
...Complaints.--------Notes:[11] Hudlett v. Sanderson, 715 So. 2d 1050 (Fla. 4th DCA 1998); see also Georgia Cas. Co. v. O'Donnell, 147 So. 267, 268 (1933). If a mortgage encumbers property in two different counties, the foreclosure action may be brought in either county. Fla. Stat. § 702.04 (......