green
Positive treatment
6.2 score
Treatment trajectory · 1932 → 2026 · click a year to view as-of
1932
1979
2026
Top citers, strongest first. 8 distinct citers.
discussed
Cited as authority (rule)
Echo River Sanctuary, LLC f/k/a TSE Plantation, LLC v. 21st Mortgage Corp., Meri L. Harrell Curtis R. Harrell
Co. v. Brooksville Hotel Co., 123 So. 814, 816 (Fla. 1929) (identifying three factors for distinguishing between real property fixtures and personal property: whether the item is physically attached to the realty; the item’s utility as a fixture; and the owner’s intention for the item); Strickland’s Mayport, Inc. v. Kingsley Bank, 449 So. 2d 928 , 928–29 (Fla. 1st DCA 1984) (citing the factors from Brooksville Hotel, and noting that the “[e]xistence of a security agreement does not necessarily preclude characterization of an object as a fixture if other facts clearly indicate the ann…
discussed
Cited as authority (rule)
Sweeting v. Hammons
Art. 10, § 6(a), Fla. Const. Factors to be considered when qualifying fixtures as either realty or personalty were established by the Florida Supreme Court in Commercial Finance Co. v. Brooksville Hotel Co., 98 Fla. 410 , 123 So. 814, 816 (1929): First, actual annexation to the realty or something appurtenant thereto; second, appropriateness to the use or purpose of that part of the realty with which it is connected; and, third, the intention of the party making the annexation that it shall be a permanent accession to the freehold.
discussed
Cited as authority (rule)
In the Matter of Gray Industries, Inc., Bankrupt. Mathews Corporation v. Herbert S. Freehling, Trustee in Bankruptcy
(2×)
The factors to be considered in making the determination of whether a thing is a fixture or retains its character as a chattel have been long established by the Florida Supreme Court in Commercial Finance Co. v. Brooksville Hotel Co., 98 Fla. 410 , 123 So. 814, 816 (1929) 2 : "First, actual annexation to the realty or something appurtenant thereto; second, appropriateness to the use or purpose of that part of the realty with which it is connected; and, third, the intention of the party making the annexation that it shall be a permanent accession to the freehold.
cited
Cited "see"
Air Florida System, Inc. v. Transworld Airlines, Inc.
See Commercial Finance Co. v. Brooksville Hotel Co., 98 Fla. 410 , 123 So. 814 (1929).
cited
Cited "see"
Ago
See , Commercial Finance Co. v. Brooksville Motel Co., 123 So. 814 (Fla. 1929); Illinois Grain Corp. v. Schleman, 114 So.2d 307 (Fla. 1954).
cited
Cited "see"
Ago
See, Commercial Finance Co. v. Brooksville Hotel Co., 123 So. 814 (Fla. 1929) and Greenwald v. Graham, 130 So. 608 (Fla. 1930).
discussed
Cited "see, e.g."
Stapp v. Carb-Ice Corp.
See, also, Commercial Finance Co. v. Brooksville Hotel Co., 98 Fla. 410 , 123 So. 814 [ 64 A.L.R. 1219 ].” In the instant case the pleading indicates, and the parties argue, the situation of a chattel mortgage given by the owner of the improvements after the items included in the chattel mortgage have become a portion of the improvements on the land.
cited
Cited "see, e.g."
Razatos v. Daniels & Fisher Stores Co.
See, also, Commercial Finance Co. v. Brooksville Hotel Co., 98 Fla. 410 , 123 So. 814 .
Pearl S. Yancey (Substituted in Lieu of T. A. Yancey) as Trustee for Margaret Belle Yancey, Elizabeth Pearl Yancey and Evelyn Lurlene Yancey, Appellant,
v.
First Bond & Mortgage Company, a Corporation, Appellee
v.
First Bond & Mortgage Company, a Corporation, Appellee
Dickinson Dickinson, for Appellant;
No appearance for Appellee.
Whitfield, Strum, Buford.
Cited by 1 opinion | Published
Per Curiam.
This cause having heretofore been submitted to the Court upon the transcript of the record of the order herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there[*429] is no error in the said order; it is, therefore, considered, ordered and adjudged by the Court that the said order of the circuit court be, and the same is hereby affirmed.
Affirmed.
Whitfield, P. J., and Strum and Buford, J. J., concur.