COMMUNITY BANK v. BARNETT BANK

No. 87-177.

518 So.2d 928 (1987)

COMMUNITY BANK OF HOMESTEAD, Appellant, v. BARNETT BANK OF THE KEYS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 10, 1988.


Attorney(s) appearing for the Case

Allison Doliner Hockman, John R. Sutton, Miami, for appellant.

Beckmeyer, Mulick & Wolkowsky, and Nicholas W. Mulick, Tavernier, for appellee.

Before HENDRY, HUBBART and FERGUSON, JJ.


FERGUSON, Judge.

The novel question presented here is whether an earlier perfected security interest in a modular home becomes subordinate to a security in realty by virtue of the home becoming affixed to the realty. We disagree with the trial court's holding that the act of annexing the personalty to the realty made it a fixture as a matter of law and reverse for findings of fact.

Structural Homes, a builder of prefabricated homes, borrowed $50,000 from appellant...

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