RODEWAY INNS OF AMERICA v. ALPAUGH

No. 79-1452.

390 So.2d 370 (1980)

RODEWAY INNS OF AMERICA, an Arizona Corporation, Rodeway Inns of America, a Nevada Corporation; and Rodeway Inn-Clearwater, Ltd., a Florida Limited Partnership, Appellants, v. Robert E. ALPAUGH and Kathleen P. Alpaugh, His Wife; Charles W. Birdsong, Sr., and Dorothy Birdsong, His Wife; and E. Eugene Sitton and Donna L. Sitton, His Wife; and Abs, Inc., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 26, 1980.


Attorney(s) appearing for the Case

J. Philip Plyler of Hill, Hill & Dickenson, Tampa, for appellants.

Milton D. Jones of Wightman, Weidemeyer, Jones & Turnbull, Clearwater, for appellees.


OTT, Judge.

The judgment below holds appellant liable on a mortgage which it had placed on the premises in order to obtain financing to construct a motel thereon, even though appellee owners had evicted appellant and taken possession. We affirm the judgment, but deem it worthwhile to explain why that result was proper.

The pertinent facts are quite simple. Rodeway leased appellees' land for 55 years for the purpose of constructing and operating a motel thereon...

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