Malone v. Meres

109 So. 677 (1926)

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Malone v. Meres

Florida Supreme Court
109 So. 677 (1926)

Facts

Frank Malone (defendant) and Ernest Meres (plaintiff) entered into a contract of sale involving personal property. Meres filed a breach-of-contract suit against Malone in chancery court and sought to enforce a lien against the subject personal property. A chancery court is a court of equity, and a lien is an equitable remedy. Malone appeared in the chancery-court action and filed an answer demanding proof of the alleged breach but did not challenge the jurisdiction of the chancery court. The chancery court ruled for Meres and ordered a foreclosure and sale of the personal property. Malone moved to vacate the verdict, arguing that the chancery court’s judgment was void because (1) the chancery court, a court in equity, did not have subject-matter jurisdiction over Meres’s claim; and (2) even if the court had subject-matter jurisdiction, the chancery court’s exercise of jurisdiction was inappropriate because Meres had an adequate and available remedy-at-law. The chancery court denied Malone’s motion to vacate, holding that it had jurisdiction over Meres’s claim. Malone appealed.

Rule of Law

Issue

Holding and Reasoning (Whitfield, J.)

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