Florida Brewing Co. v. Sendoya

• Citation: 74 So. 799,73 Fla. 660
• Parties: FLORIDA BREWING CO. v. SENDOYA.
• Decision Date: 14 March 1917
• Court: Florida Supreme Court

74 So. 799

73 Fla. 660

FLORIDA BREWING CO. v. SENDOYA.

Florida Supreme Court

March 14, 1917

Appeal from Circuit Court, Hillsborough County; F. M. Robles, Judge.

Proceeding by C. A. Sendoya against the Florida Brewing Company. Decree for plaintiff, and the Company appeals. Affirmed.

Syllabus by the Court

SYLLABUS

In an action against partners where the service of process is made on one partner, the judgment obtained in the action may be a lien on the partnership land and on the individual lands of the partner who was served with process, but not on the individual lands of the partner who was not served with process in the action.

COUNSEL Knight, Thompson & Turner, of Tampa, for appellant.

J. T. Watson, Jr., of Tampa, for appellee.

OPINION

PER CURIAM.

In appropriate proceedings the court ordered that a judgment in favor of the Florida Brewing Company against Serafin Montiel and Clements A. Sendoya, copartners as Montiel & Sendoya, 'is decreed to be null and void as against Clements A. Sendoya individually and declared to be no lien or incumbrance whatsoever on the individual real estate * * * of the said C. A. Sendoya.' The defendant company appealed. The decree is correct in that the service on which the judgment was rendered was made on the partner Montiel and not on the partner Sendoya; therefore, while the judgment is a lien on the partnership lands and the individual lands of Montiel, the partner who was served, it is not a lien on the individual lands of Sendoya, the partner who was not served. See section 1404, Gen. Stats. 1906; Compiled Laws 1914; Thomas v. Nathan, 65 Fla. 386, 62 So. 206; Nathan v. Thomas, 63 Fla. 235, 58 So. 247, Ann. Cas. 1914A, 387; First Nat. Bank v. Greig, 43 Fla. 412, 31 So. 239.

Affirmed.

BROWNE, C.J., and TAYLOR, SHACKLEFORD, WHITFIELD, and ELLIS, JJ., concur.