CARMEN SOFIA BUENO, APPELLANT,
v.
FRANCIA ISABEL BUENO DE KHAWLY, ET AL., APPELLEES

Fla. 3d DCA | 1994-10-12
No. 94-322
Before BASKIN, JORGENSON and GERSTEN, JJ.
643 So. 2d 1174 Florida District Court of Appeal, Third District (1994) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Carmen Sofia Bueno (Bueno), appeals a final judgment holding that the real property purchased by her deceased husband was not homestead property. We affirm the trial court’s finding that the deceased voluntarily abandoned the property without an intent to return. The property, therefore, lost its status as the homestead of the deceased. See Cain v. Cain, 549 So. 2d 1161 (Fla. 4th DCA 1989); Burdick v. Burdick, 399 So. 2d 410 (Fla. 3d DCA 1981). This decision is without prejudice to allow Bueno to seek other relief she may have under Florida law.

Affirmed.


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  • Bueno v. Francia Isabel Bueno de Khawly, 677 So. 2d 3 (Fla. 3d DCA 1996)
    …whether the widow was entitled to a share of the real property in Dade County— was specifically determined by the trial court in an earlier proceeding; that judgment was affirmed in its entirety by this court’s decision in Bueno v. Bueno de Khawly, 643 So. 2d 1174 (Fla. 3d DCA 1994).1 It matters not that this court’s earlier decision addressed the issue of whether the property was homestead property; the unqualified affirmance went to the entirety of the order on appeal. “A per curiam decision of the appel…

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