Miller v. Larry Dimmitt, Inc.

Full title: MAE IRENE MILLER, APPELLANT, v. LARRY DIMMITT, INC., A FLORIDA…

Court: District Court of Appeal of Florida, Second District

Date published: Feb 2, 1967

193 So. 2d 709 (Fla. Dist. Ct. App. 1967)

Opinion

No. 7059.

January 6, 1967. Rehearing Denied February 2, 1967.

Appeal from Circuit Court, Pinellas County; Joseph P. McNulty, Judge.

George A. Routh, of Phillips, McFarland, Routh Gould, Clearwater, for appellant.

Charles D. George, of the Law Offices of William M. Goza, Clearwater, for appellee.

PER CURIAM.

Affirmed.

ALLEN, C.J., and PIERCE, J., concur.

SMITH, HAROLD S., Associate Judge, concurs specially in conclusion with opinion.

SMITH, HAROLD S., Associate Judge (Concurring Specially).

I cannot agree, however, that the buildings placed on the property are temporary, and subject to removal at the end of the lease. All the evidence points unerringly toward their being permanent fixtures of the realty.