FRANK BRADY, APPELLANT,
v.
LIZZIE G. MYERS, APPELLEE
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Frank Brady appeals an award of $1,000 in attorneys' fees under Florida Statute Section 57.105 where he joined Lizzie Myers as a defendant in a foreclosure action. The court reversed the fee award, holding that Brady's joinder of Myers was not frivolous because Myers, as a life tenant, had a beneficial interest in the mortgaged property and was properly a necessary party to the action.
The court reversed the attorneys' fee award, holding that Brady's joinder of Myers was not frivolous because Myers, as a life tenant with a beneficial interest in the mortgaged property, was a properly necessary party to the foreclosure action under established equity principles.
[1] A party materially interested, either legally or beneficially, in the subject matter of a suit must be made a party to the action to ensure a complete decree.
[2] Joinder of a party with a beneficial interest as a life tenant in mortgaged property is proper in a foreclosure action.
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Join FLexlaw to unlock all legal intelligence“The general rule in equity is that all persons materially interested, either legally or beneficially, in the subject matter of a suit, must be made parties either as complainants or defendants so that a complete decree may be made binding upon all parties.”
Establishes the equitable principle justifying Brady's joinder of Myers as a defendant
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Join FLexlaw to unlock all legal intelligenceBrady filed a foreclosure action and joined Lizzie Myers as a defendant, alleging she claimed some right, title, or interest in the mortgaged property…
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PER CURIAM.
Frank Brady appeals an award of $1,000 in attorneys fees pursuant to Section 57.105, Florida Statutes (1979).
Appellant joined Lizzie Myers as a defendant in a foreclosure action alleging that:
Defendant, LIZZIE G. M.YERS, ... has or may claim to have some right, title, claim or interest in and to the Mortgaged property as life tenant under that certain Deed.... Said interest is subordinate and inferior to the claim and interest of Plaintiff in said Mortgage.
The trial court granted appellee’s motion for summary judgment and awarded her attorneys fees pursuant to § 57.105, supra. The trial court made no findings that would support an award of attorneys fees pursuant to this section of the Florida Statutes.
Appellant contends that the trial court erred when it failed to make express findings of fact which would show that his joinder of appellee was so utterly devoid of merit as to be considered frivolous.
The general rule in equity is that all persons materially interested, either legally or beneficially, in the subject matter of a suit, must be made parties either as complainants or defendants so that a complete decree may be made binding upon all parties. Oakland Properties Corporation v. Hogan, 96 Fla. 40, 117 So. 846, 848 (1928).
Appellee had a beneficial interest as life tenant in the mortgaged property and therefore was properly joined in the foreclosure action. Accordingly, on the authority of such cases as City of Deerfield Beach v. Oliver-Hoffman Corp. of Deerfield Beach, 396 So. 2d 1187 (Fla. 4th DCA 1981), T.I.E. Communications v. Toyota Motors, 391 So. 2d 697 (Fla. 3d DCA 1980), Allen v. Estate of Dutton, 384 So. 2d 171 (Fla. 5th DCA 1980) and the Supreme Court’s recent decision in Whitten v. Progressive Casualty Insurance Co., 410 So. 2d 501 (Fla.1982), the order awarding attorneys fees under Section 57.105, Florida Statutes (1979) is reversed.
REVERSED.
GLICKSTEIN, HURLEY and DELL, JJ., concur.
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- Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982)
- Carola D. Allen v. Est. of Ellen C. Dutton, 384 So. 2d 171 (Fla. 5th DCA 1980)
- T.I.E. Commc'ns, Inc. v. Toyota Motors Ctr., Inc., 391 So. 2d 697 (Fla. 3d DCA 1980)
- DMG Inv. Tr., LLC v. Dinorah B. Cepeda (Fla. 3d DCA 2024)
- City OF Deerfield Beach v. Oliver-Hoffman Corp. of Deerfield Beach, 396 So. 2d 1187 (Fla. 4th DCA 1981)
- Hinton v. Atlantic Coast Line Railroad, 96 Fla. 40 (Fla. 1928)
- Oakland Props. Corp. v. Hogan, 96 Fla. 40 (Fla. 1928)