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WETJEN v. WILLIAMSON

No. H-152.

196 So.2d 461 (1967)

Walter "Skip" WETJEN, Appellant, v. L.H. WILLIAMSON, d/b/a Five Flags Motor Speedway and Five Flags Motor Speedway, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida. First District.

Rehearing Denied April 5, 1967.

Attorney(s) appearing for the Case

Harrell, Caro, Middlebrooks & Wiltshire, Pensacola, for appellant.

Grover C. Robinson, Jr., Pensacola, for appellees.

RAWLS, Chief Judge.

Plaintiff Walter Wetjen is appealing from an adverse judgment holding that certain unattached stadium seats are permanent improvements on the leased property and belong to the landlord.

The primary question on this appeal is, Are the heavy unattached stadium seats trade fixtures or chattels which can be removed by the tenant at the termination of the lease? We find that they are and reverse.

Wetjen had a one year lease on a stock...

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