James v. Golson
| Citation | 92 So.2d 180 |
| Parties | Emily JAMES, Appellant, v. Tom GOLSON, Appellee. |
| Decision Date | 16 January 1957 |
| Court | United States State Supreme Court of Florida |
Coe & Coe, Pensacola, for appellant.
Charles F. Wilson, Pensacola, for appellee.
Emily James filed her complaint in the Circuit Court of Escambia County in which she alleged that she executed a term lease to Richard Morris describing certain real estate on which was located a building to be used by the lessee. There was included with the lease a license to sell intoxicating liquors. The lease contained the following conditions:
'* * * and the Lessee agrees to pay for and maintain said licenses in full force and effect during the life of the lease and permit no lapse thereof, and that he shall have no power or right to transfer the said licenses to any third person or to any location other than the leased premises; and should default be made in the provisions of this lease or in the obligation of the lessee to maintain the said licenses in force the same shall immediately revert to the lessor, who shall be entitled by appropriate proceedings to require a transfer thereof to her or to her nominee, free of all claim of the lessee thereto.'
It is also alleged that the lessee held over after the expiration of the lease and that he transferred the liquor license to Joe Morris who failed to pay debts incurred for liquors in the sum of $5,000, on account of which the license was suspended in the manner provided by Sec. 561.42, Florida Statutes Annotated. In this situation Morris conveyed the license to Tom Golson who payed the $5,000 due by Morris for liquors and Golson was accepted as lessee by Emily James. Golson was conducting the business when this suit was brought so the complaint alleged that Golson claimed a lien adverse to appellant on the liquor license for the amount he paid to satisfy Morris' debt for the liquors. The complaint also alleged that Golson had 'declared his intent to refuse, even upon a termination of his tenancy to re-transfer the license to her, unless he was reimbursed for his outlay.' The complaint prayed for declaratory decree adjudicating he existence vel non of the lien. Answer was filed and on final hearing after evidence was taken the court dismissed the complaint on the theory that it was premature and that no justiciable controversy existed between the parties. This appeal was prosecuted by Mrs. James.
Appellant contends that the court below erred in holding that the action was premature and that no justiciable controversy existed. Appellee on the other hand contends that the rental agreement between him and Morris was oral and that as to appellee it was secured from a tenant who held over after expiration of the written lease and being so declaratory decree is not available to the landlord to determine rights that may possibly occur in the future growing out of the oral rental agreement.
The ultimate circumstances leading to this litigation were these: Golson advised Mrs. James that he would like to take over the property to which the liquor license was attached. Mrs. James agreed on condition that he pay her $250 per month rent. Golson replied that he could not do that because he was making improvements on the property and had to pay a number of debts of the former tenant Morris. He prepared a lease to the premises which provided:
'That at the expiration of this lease the lessee will sell to the lessor all right, title or interest in said business and shall transfer and assign to the lessor the beverage licenses upon payment of the sum of $4,900 and the payment of the appraised value of such fixtures as may be installed by the lessee.'
He also stated that he had purchased the license from Morris and spent the amount named above in the lease for the license besides other amounts which he did on the assurance of appellant that it would be his. From this it appears that Mrs. James had a building to rent with a liquor license attached. The building was not worth much without the license and the license had little value without the building. Mrs. James was in other words faced with a tenant who had the license in his name and was by her permission in possession of the building on a monthly basis. A...
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...that the parties "may have a judicial determination of [their rights] before wrong has been committed or damage done."); James v. Golson, 92 So.2d 180, 182-83 (Fla.1957) (declaratory judgment "may be employed to anticipate irreparable mischief to one's business ...."); Kingdon v. Walker, 15......
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...collection, deposit and disbursement of campaign funds. These circumstances call into play the principle announced in James v. Golson, 92 So.2d 180 (Fla.1957), which held that under the provisions of § 86.011(2) (formerly § 87.01(2), Fla.Stat., F.S.A., the Court may render a declaratory 'Of......
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