Wright v. McGinley

District Court of Appeal of Florida

Wright v. McGinley

351 So. 2d 1151, 1977 Fla. App. LEXIS 17062

CourtDistrict Court of Appeal of Florida

DecidedNovember 18, 1977

DocketNo. EE-163

StatusPublished

This text of 351 So. 2d 1151 (Wright v. McGinley) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wright v. McGinley, 351 So. 2d 1151, 1977 Fla. App. LEXIS 17062 (Fla. Ct. App. 1977).

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PER CURIAM.

Appellant seeks review of an order dismissing its complaint with prejudice. After appellant was evicted from farm property he had leased from his landlords, appellees, he brought an action seeking to replevin certain crops he had planted during the first year of his tenancy, alleging that at the time of his eviction the crops were either mature and ready for harvest or were approaching maturity. Although growing crops may be treated as personalty for the purpose of sale, they are part of the [1152]*1152real estate until severed and follow the real estate unless specifically reserved. Simmons v. Williford, 60 Fla. 359, 53 So. 452 (1910). We find no error.

AFFIRMED.

MILLS and ERVIN, JJ., concur. BOYER, Acting C. J., concurring specially-

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PER CURIAM.

Appellant seeks review of an order dismissing its complaint with prejudice. After appellant was evicted from farm property he had leased from his landlords, appellees, he brought an action seeking to replevin certain crops he had planted during the first year of his tenancy, alleging that at the time of his eviction the crops were either mature and ready for harvest or were approaching maturity. Although growing crops may be treated as personalty for the purpose of sale, they are part of the [1152]*1152real estate until severed and follow the real estate unless specifically reserved. Simmons v. Williford, 60 Fla. 359, 53 So. 452 (1910). We find no error.

AFFIRMED.

MILLS and ERVIN, JJ., concur. BOYER, Acting C. J., concurring specially-

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351 So. 2d 1151, 1977 Fla. App. LEXIS 17062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-mcginley-fladistctapp-1977.

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