Trade Fixtures Removed by Tenant

H. Allen Homes, Inc. and Henry Allen Holmes v. Jim Molter, Inc., 4D13-217 (Fla. 4th DCA 2013):

This appeal arose from a landlord-tenant dispute involving commercial real estate. The tenant removed its trade fixtures when it vacated the leased premises after the parties’ lease contract expired. For this reason, the landlord retained the security deposit. The tenant filed a breach of contract claim against the landlord of the commercial real estate for the alleged improper retention of the security deposit. The landlord filed claims for breach of contract, conversion, and civil theft against the tenant and the tenant’s president for the alleged improper removal of the trade fixtures.


Pearson v. Peoples National Bank,1D13-0685 (Fla. 1st DCA 2013):

This was an appeal of a non-final order that stayed a declaratory action and directed the parties to arbitration. Appellant and Appellee entered into a real estate sales contract. The vacant lot purchased by Appellant was described as having beach access in the contract. The Appellee was unable to convey that beach access and has argued that the contract is null and void. Appellee filed a complaint for a declaratory judgment as to the respective rights of the parties under the contract and other supplementary relief.