STATE BANK OF KISSIMMEE AND W. B. MAKINSON, APPELLANTS,
v.
W. REESE PARKER, APPELLEE
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The Florida Supreme Court reversed an order overruling a demurrer, finding that a party seeking the return of a deposit held in escrow had an adequate remedy at law and did not need to pursue equitable relief.
The party has an adequate remedy at law if their deposit is unlawfully withheld, and therefore, equitable relief is not necessary.
“Under certain circumstances the bank as a mere stakeholder may have relief in equity; but on the facts alleged by the complainant Parker, he had an adequate remedy at law if his deposit of money is unlawfully withheld from him, and the demurrer to the bill of complaint should have been sustained.”
Establishes the court's reasoning for reversing the lower court's decision.
Parker deposited $1,000 with the State Bank of Kissimmee in escrow, pending a land and property sale with Makinson. Makinson failed to convey the prop…
The full statement of facts, procedural history, and disposition for this case are member content.
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Whitfield, J.
This appeal is from an order overruling a demurrer to a bill of complaint. It is in effect alleged that Parker and Makinson agreed upon a sale of land's and personal property, Reese to deposit $1,000.00 in escrow with the bank pending the delivery by Makinson of a conveyance of the property; that Makinson failed to make the conveyance, and the contract has been abandoned by both parties; but the bank refuses to return the $1,000.00 to Parker without an order of court, upon the ground that Makinson had given notice to the bank not to deliver the deposit to Parker as he claimed a right to it. The prayer is that Makinson’s claim be barred, and that the bank be required to pay the $1,000.00 to Parker, and for general relief.
Under certain circumstances the bank as a mere stakeholder may have relief in equity; but on the facts alleged by the complainant Parker, he had an adequate remedy at law if his deposit of money is unlawfully withheld from him, and the demurrer to the bill of complaint should have been sustained. v
Order reversed.
Taylor, C. J., and Shackleford, Cockrell and Ellis, JJ., coueur.