10 Fla. L. Weekly Supp. 159b
Insurance — Central air-conditioning unit compressor is fixture, not personalty covered by insurance policy
ALLSTATE FLORIDIAN INSURANCE CO., Appellant, vs. REBEKA GONZALEZ and RAPHAEL GONZALEZ, Appellees. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 02-221 AP. L.T. Case No. 99-10450 SP-25. January 21, 2003. On appeal from the County Court for Miami-Dade County, Mercedes Bach, Judge. Counsel: David R. Cassetty, O’Connor, Chimpoulis, Restani, Marrero and McAllister, P.A., for Appellant. Betsy Alvarez-Zane, Law Offices of Alvarez and Alvarez-Zane, for Appellees.
(Before THOMAS S. WILSON, JR., BERNARD S. SHAPIRO, and ALEX FERRER, JJ.)
(PER CURIAM.) This is an appeal from a lower court ruling that Appellees’ central air-conditioning unit compressor is covered as personalty under an insurance policy with Appellant. The trial court did not properly apply the test under Florida law to determine whether an article should be considered a fixture or personal property. A central air-conditioning unit compressor is a fixture. See Community Bank of Homestead v. Barnett Bank of the Keys, 518 So. 2d 928, 930 (Fla. 3d DCA 1988) citing Commercial Finance Company v. Brooksville Hotel Co., 123 So. 814 (Fla. 1929); Goldberger v. Regency Highland Condo. Ass’n, Inc., 452 So. 2d 585, 586 (Fla. 4th DCA 1984); Solomon v. Gentry, 388 So. 2d 52 (Fla. 4th DCA 1980) citing Rompon Properties, Inc. v. Langelier, 341 So. 2d 1068, 1069 (Fla. 2d DCA 1977); Sweeting v. Hammons, 521 So. 2d 226, 228 (Fla. 3d DCA 1988).
The trial court’s order granting Appellees’ motion for summary judgment and final judgment entered thereon are REVERSED. Appellant’s motion for summary judgment should have been granted and final judgment entered in favor of Appellant. This cause is REMANDED for further proceedings consistent with this court’s opinion.
Appellees’ Motion for Appellate Attorney’s Fees is DENIED. Appellant’s Motion for Appellate Attorney’s Fees is GRANTED, and this cause is REMANDED to the trial court for a determination as to the reasonable amount of such fees. (WILSON, SHAPIRO and FERRER, JJ., concur.)
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