Legal Opinion

Sears, Roebuck & Co. v. Bay Bank & Trust Co.

District Court of Appeal of Florida

Decided January 13, 1989No. 87-411PublishedCited by 5 opinions

1Opinion of the Court

537 So.2d 1041 (1989)

SEARS, ROEBUCK & COMPANY, Appellant,

v.

BAY BANK & TRUST COMPANY, Appellee.

No. 87-411.

District Court of Appeal of Florida, First District.

January 13, 1989.

Larry D. Kellar of Ritchie & Kellar, Pensacola, for appellant.

Jacalyn N. Kolk of Hilton, Hilton, Kolk & Laing, Panama City, for appellee.

NIMMONS, Judge.

Appellant (Sears) challenges the trial court's finding that certain household appliances are fixtures rather than personalty. Sears entered into a sales contract with Greg Peaden, Inc. (Peaden), under which Sears sold Peaden 60 Sears Kenmore appliances[1] for installation…

2Cases cited5 opinions

  1. Commercial Finance Co. v. Brooksville Hotel Co.Supreme Court of Florida · 1929
  2. Wetjen v. WilliamsonDistrict Court of Appeal of Florida · 1967
  3. FIRST FEDERAL S & L ASS'N v. StovallDistrict Court of Appeal of Florida · 1974
  4. Strickland's Mayport, Inc. v. Kingsley BankDistrict Court of Appeal of Florida · 1984
  5. Westinghouse Electric Corp. v. DyerCourt of Appeals for the Fifth Circuit · 1974

3Cited by5 opinions

  1. Chancellor Media Whiteco Outdoor Corporation v. DotDistrict Court of Appeal of Florida · 2001
  2. Rolle v. Chase Manhattan Mortgage Corp. (In Re Rolle)United States Bankruptcy Court, S.D. Florida. · 1998
  3. Biscayne Park, LLC v. Wal-Mart Stores East, LPDistrict Court of Appeal of Florida · 2010
  4. Biscayne Park, LLC v. Wal-Mart Stores East, LPDistrict Court of Appeal of Florida · 2010
  5. Brashevitzky v. Reworld Holding CorporationDistrict Court, S.D. Florida · 2024

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