Smith v. Fidelity Trust Co.
| Citation | 117 So. 791,96 Fla. 168 |
| Parties | SMITH et ux. v. FIDELITY TRUST CO. |
| Decision Date | 10 July 1928 |
| Court | Florida Supreme Court |
Suit by the Fidelity Trust Company against the West Coast Lumber & Supply Company, Beverly Smith, and Mabel S. Smith. Decree for complainatn and defendant West Coast Lumber & Supply Company and defendants Beverly Smith and Mabel S. Smith appeal.
Appeal dismissed.
Syllabus by the Court
Appeal by defendants failing to make party thereto another defendant pecuniarily affected by decree will be dismissed for want of necessary parties (Acts 1927, c. 11890). Where an appeal is taken by one defendant, and such defendant limits the appeal in the body of the notice of appeal to such defendant as appellant, and also fails to make another defendant, who is pecuniarily affected by the decree appealed from, a party to the appeal, and makes no application for summons and severance, the provisions of chapter 11890, Acts of 1927 will be held not to apply so as to give this court jurisdiction of the party thus eliminated from the cause on appeal, and the appeal will be dismissed because of the want of necessary parties.
Appeal from Circuit Court, Charlotte County; George W. Whitehurst, judge.
Thomas W. Butler, of Punta Gorda, for appellants.
Farr & Etheridge, of Punta Gorda, for appellee.
In this case the decree in foreclosure was in favor of the original complainant, Fidelity Trust Company, a corporation, as the holder of a line prior to the rights of the several defendants. It was also in favor of one of the original defendants, the West Coast Lumber & Supply Company, in foreclosure of a subsequent mortgage embracing the same property, and decrees the lien in favor of the West Coast Lumber & Supply Company to be inferior and subordinate to the lien decreed in favor of Fidelity Trust Company.
West Coast Lumber & Supply Company has a vital and pecuniary interest in the decree appealed from, and is not made a party to this appeal, and therefore this court is without jurisdiction in determining the rights of the West Coast Lumber & Supply Company as affected by the final decree.
The notice of appeal limits appellants to those named in the body of the notice of appeal, and therefore the provisions of chapter 11890, Acts of 1927, will not be held to apply to the record in this case.
The appellant, having failed to make all parties affected by the...
To continue reading
Request your trial