ROMPON PROPERTIES, INC. AND NICHOLAS J. ROMPON, APPELLANTS,
v.
J. MAURICE LANGELIER AND JACQUES A. CORBEIL, APPELLEES
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The court held that the trial court did not abuse its discretion in finding the mobile homes were fixtures, as its findings were supported by competent, substantial evidence.
Appellees purchased realty at a sheriff's sale, and appellants refused to vacate two mobile homes on the property. The trial court found the mobile ho…
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BOARDMAN, Chief Judge.
Appellants/defendants appeal a final judgment awarding appellees/plaintiffs possession of two mobile homes and damages.
Appellants were the previous owners of a parcel of realty which appellees purchased at a sheriff’s sale. This action for unlawful detainer of the property was filed upon appellants’ refusal to comply with appellees’ demand for possession. The issue presented on appeal is whether the trial court abused its discretion by finding that the mobile homes located on the property were fixtures and thereby part of the real property.
The characterization of property as chattel or fixture is a fact question to be determined according to the testimony and other evidence presented. The trier of fact considers three factors: annexation of the property to the realty, adaptation of the property to the use of the realty and the intent of the party making the annexation. Commercial Finance Co. v. Brooksville Hotel Co., 98 Fla. 410, 123 So. 814 (1929). We hold that the findings of the trial court are supported by competent, substantial evidence, and therefore the trial court did not abuse its discretion by finding that the mobile homes were fixtures.
Appellants argue that this ruling renders them liable for payment of the purchase price of the mobile homes and deprives the holders of chattel mortgages on the homes of their security. The decision reached in this case is dispositive of the single issue presented to us, that is whether the mobile homes are fixtures. We have not considered or determined either appellants’ personal liability on the mortgages or the priority of claims made on the mobile homes by the chattel mortgagees.
AFFIRMED.
McNULTY and OTT, JJ., concur.
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Barnett Bank OF Clearwater v. Rompon, 377 So. 2d 981 (Fla. 2d DCA 1979)…s whether the mobile homes are fixtures. We have not considered or determined either appellants’ personal liability on the mortgages or the priority of claims made on the mobile homes by the chattel mortgagees. Rompon Properties, Inc. v. Langelier, 341 So. 2d 1068, 1069 (Fla.2d DCA 1977). Upon the return of the mobile home to Hillsborough County, appellant brought this action against all of the appellees to foreclose its lien. The trial court found for the appellees on the grounds that the appellant was esto…
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SHM Cape Harbour, LLC v. Realmark Meta, LLC, 335 So. 3d 754 (Fla. 2d DCA 2022)…by the trier of fact . . . ." Sears, Roebuck & Co. v. Bay Bank & Tr. Co., 537 So. 2d 1041, 1042 (Fla. 1st DCA 1989) (citing First Fed. Sav. & Loan Ass'n v. Stovall, 289 So. 2d 32, 33 (Fla. 1st DCA 1974)); see also Rompon Props., Inc. v. Langelier, 341 So. 2d 1068, 1069 (Fla. 2d DCA 1977) ("The characterization of property as chattel or fixture is a fact question to be determined according to the testimony and other evidence presented."); cf. Rally's Hamburgers, Inc. v. Dep't of Transp., 697 So. 2d 535, 537 (…
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Solomon v. Gentry, 388 So. 2d 52 (Fla. 4th DCA 1980)…ed warranty that a chattel be fit for the purpose intended. However, we must analyze first the classification of the mobile home as a chattel and thereafter the resulting liability of the landlord. The court in Rompon Properties, Inc. v. Langelier, 341 So. 2d 1068, 1069 (Fla.2d DCA 1977) stated that: The characterization of property as chattel or fixture is a fact. question to be determined according to the testimony and other evidence presented. The trier of fact considers three factors: annexation of the p…
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- Commercial Fin. Co. v. Brooksville Hotel Co., 98 Fla. 410 (Fla. 1929)