Head Of A Family

84 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Johns v. Bowden
  68 Fla. 32· Fla.· 1914-06-25 ·cited 152×
  The Florida Supreme Court reversed the trial court's dismissal of a bill of complaint challenging the validity of a trust deed conveyance of homestead property. The court held that a trust deed retaining the grantor's beneficial interest and control during his lifetime operates a
• Milton v. Milton
  63 Fla. 533· Fla.· 1912-01-01 ·cited 92×
  The Florida Supreme Court affirmed a decree enjoining the forced sale of an heir's undivided interest in inherited land under execution, holding that an heir who occupies inherited property as a homestead within a reasonable time after the parent's death acquires homestead exempt
• Mrs. Celete Jackson v. Jackson
  90 Fla. 563· Fla.· 1925-11-16 ·cited 89×
  The Florida Supreme Court upheld the cancellation of two deeds that attempted to circumvent constitutional homestead protections by transferring property from a husband (without consideration) to a third party, who then transferred it to the wife. The court held that such indirec
• Pasco v. Jamis T. Harley
  73 Fla. 819· Fla.· 1917-04-03 ·cited 86×
  The Florida Supreme Court held that homestead exemptions are subject to judgment and execution liens that attached to property before the debtor acquired the status of head of family. Pasco, as receiver of a bank, sought to prevent Harley from claiming homestead exemptions on pro
• Orange Brevard Plumbing & Heating Co. v. LA Croix
  137 So. 2d 201· Fla.· 1962-01-31 ·cited 84×
  The Florida Supreme Court held that proceeds from a voluntary sale of homestead property are exempt from creditor claims if the vendor demonstrates a good faith, pre-sale intention to reinvest the proceeds in another homestead within a reasonable time. This case of first impressi
• Hill v. First Nat'l Bank of Marianna
  79 Fla. 391· Fla.· 1920-03-26 ·cited 83×
  Hannah Hill brought an action in trespass against a bank and sheriff for unlawfully levying on and selling her exempt homestead property and personal property despite her homestead exemption claim. The Florida Supreme Court held that a debt judgment cannot be set off against dama
• Jetton Lumber Co. v. Hall
  67 Fla. 61· Fla.· 1914-02-03 ·cited 76×
  This case concerns whether a wife, whose husband has deserted her and left the state, can claim their jointly owned automobiles as exempt from seizure for the husband's debts. The court held that the wife, as the head of the household, can claim the exemption.
• Bessemer Props. v. Robert Howard Gamble et ux.
  158 Fla. 38· Fla.· 1946-10-11 ·cited 69×
  Bessemer Properties sought to levy on land titled to Mildred Gamble to satisfy a judgment against her husband Robert Gamble. The Florida Supreme Court affirmed the lower court's decision that Robert Gamble held an equitable interest in the property through his contributions to hi
• Hill v. First Nat'l Bank of Marianna & H. A. Bowles as Sheriff of Jackson Cnty.
  73 Fla. 1092· Fla.· 1917-05-16 ·cited 67×
  Hannah Hill sought to enjoin the sale of eighty acres claimed as her homestead, challenging a judgment lien held by the First National Bank of Marianna. The Florida Supreme Court reversed the trial court's dismissal, holding that Hill was entitled to homestead exemption protectio
• Hillsborough Inv. Co. v. Wilcox
  152 Fla. 889· Fla.· 1943-05-07 ·cited 62×
  Hillsborough Investment Company sought to collect on a judgment against Helen M. Wilcox by arguing that homestead property in Bradenton, Florida lost its exempt status when Wilcox allegedly abandoned it to become a resident of Massachusetts between 1935 and 1937. The Florida Supr
• Anderson v. Anderson
  44 So.2d 652· Fla.· 1950-01-10 ·cited 54×
  The Florida Supreme Court affirmed a lower court's decision allowing a former husband's interest in his former homestead to be sold to satisfy a judgment for delinquent child support. The court held that the husband was not the head of a family after the divorce and failed to sup
• DeCottes v. Clarkson
  43 Fla. 1· Fla.· 1901-01-01 ·cited 54×
  This case concerns whether a mother, who was the head of a family, could devise her homestead property. The court held that she could not devise the property because she had children, and the homestead law dictates that such property descends to heirs at law.
• Jordan v. Jordan
  100 Fla. 1586· Fla.· 1931-01-05 ·cited 53×
  In this appeal from dismissal of a bill seeking cancellation of deeds, the Florida Supreme Court upheld the trial court's finding that property was not homestead at the time the deeds were executed, and that the deeds were valid. The case turns on whether Rufus P. Jordan retained
• Herrin v. Brown
  44 Fla. 782· Fla.· 1902-06-01 ·cited 48×
  This case concerns whether a deceased man's land, previously his homestead, remained exempt from his debts after his wife's death and his adult children's departure. The court affirmed the lower court's dismissal of the children's claim, finding the allegations insufficient to es
• Miller v. Finegan
  26 Fla. 29· Fla.· 1890-01-01 ·cited 48×
  The Florida Supreme Court affirmed a perpetual injunction protecting the homestead property of a deceased intestate from forced sale under a judgment. The court held that adult heirs, not just minor children, are entitled to inherit homestead exemptions under the 1868 Florida Con
• Godwin v. King
  31 Fla. 525· Fla.· 1893-01-01 ·cited 40×
  The Florida Supreme Court holds that a widow's statutory right to dower in her deceased husband's homestead real estate and her statutory share of exempt personal property are not eliminated by constitutional homestead exemptions, even under the revised 1885 Constitution. The cou
• Rawlins v. The Dade Lumber Co.
  80 Fla. 398· Fla.· 1920-06-23 ·cited 39×
  Minnie G. Rawlins appeals the dissolution of an injunction against execution on her homestead property. The Florida Supreme Court held that a husband's conveyance of homestead property to his wife during divorce proceedings, followed by a clarifying instrument, vested the wife wi
• In re Est. of Garrett Edwin van Meter v. van Meter
  214 So. 2d 639· Fla. 2d DCA· 1968-10-16 ·cited 37×
  In this probate appeal, the Second District Court of Appeal reversed the lower court's finding that a ten-acre tract was the homestead of a deceased husband, despite his widow's surviving him, because the essential element of 'family home' was lacking. The court held that a homes
• Beck v. Wylie
  60 So. 2d 190· Fla.· 1952-08-08 ·cited 36×
  The Florida Supreme Court reversed a lower court's decision, holding that a daughter's departure from her mother's home did not automatically disqualify the home from homestead status. The court emphasized that the mother, despite the daughter's conduct, remained the head of the
• Caro v. Florida N. Caro
  45 Fla. 203· Fla.· 1903-01-01 ·cited 36×
  This case concerns whether a homestead property can be devised by will when the deceased was the head of a family. The court held that if the deceased was the head of a family with children, the homestead could not be devised by will and must be partitioned among the heirs.
• Whidden v. Vastia Abbott
  124 Fla. 293· Fla.· 1936-05-14 ·cited 34×
  The Florida Supreme Court held that a property did not qualify as a homestead exempt from execution because, although a son and his family moved in with the elderly father after the mother's death, the father never assumed actual responsibility as head of the household. The court
• Armour & Co. v. Hulvey
  73 Fla. 294· Fla.· 1917-02-08 ·cited 32×
  A creditor sought to force a sale of property designated as a homestead to satisfy judgments against the owner, who operated a military school on the land. The Florida Supreme Court upheld the homestead exemption, holding that a homesteader may conduct a business on the land and
• Mrs. v. N. (Minnie Belle) Vandiver
  139 So. 2d 704· Fla. 2d DCA· 1962-03-28 ·cited 30×
  A homestead exemption dispute where a divorced mother claimed her home as exempt from execution, and the court reversed a summary decree against her, holding that she qualified as head of family entitled to homestead protection, and further held that the underlying judgment itsel
• Olie Lockhart v. Zera Sasser
  156 Fla. 339· Fla.· 1945-07-10 ·cited 30×
  The court held that the decedent's homestead property, which included an apartment building where he occupied one unit, could not be devised by will.
• Matthews v. Jeacle
  61 Fla. 686· Fla.· 1911-01-01 ·cited 30×
  This case concerns the partition of a lot of land. The appellant sought to have the lot declared a homestead and partitioned accordingly. The court affirmed the lower court's decision to sustain a demurrer to the bill, finding that the property in question had ceased to be a home
• Waymon Solomon v. Davis
  100 So. 2d 177· Fla.· 1958-02-05 ·cited 29×
  In this homestead exemption case, the Florida Supreme Court reversed the lower court's decision that allowed a married woman to claim homestead status as head of family based on her care and support of minor relatives living in her separate property. The court held that a presump
• Wilson v. Fla. Nat. Bank & Tr. Co. at Miami
  64 So. 2d 309· Fla.· 1953-03-13 ·cited 28×
  This case concerns whether a 35-acre tract of land in Florida constituted homestead property subject to intestate descent or property subject to the widow's dower rights. The Florida Supreme Court held that the 35 acres retained their homestead character despite the five-acre res
• Eliza McDougall v. Louisa Meginniss
  21 Fla. 362· Fla.· 1885-01-01 ·cited 28×
  This case concerns whether a portion of a 160-acre homestead tract, not enclosed or actively used by the owner, can still be considered part of the homestead and thus exempt from sale. The court held that under Florida law, if the owner resides on the land and it does not exceed
• In re Est. of Anna Z. Kionka v. Ziegler
  121 So. 2d 644· Fla.· 1960-06-22 ·cited 26×
• O'Neal v. Miller
  143 Fla. 171· Fla.· 1940-05-24 ·cited 26×
  In this case involving a homestead exemption claim, the Florida Supreme Court held that a wife and minor daughter's temporary departure from the family homestead due to the husband's cruelty did not constitute abandonment of the homestead, particularly where the marital relation
• AETNA Ins. Co. v. LaGASSE
  223 So. 2d 727· Fla.· 1969-05-14 ·cited 25×
  Aetna Insurance Company obtained a judgment lien in 1961 against LaGasse, who later inherited property with a vested remainder interest in 1965 while her mother held a life tenancy. The Florida Supreme Court held that Aetna's recorded judgment lien attached to LaGasse's remainder
• Hutchinson Shoe Co. v. Turner
  100 Fla. 1120· Fla.· 1930-11-03 ·cited 24×
  The Florida Supreme Court held that a judgment lien does not attach to homestead property that is constitutionally exempt from forced sale, even if the judgment was recorded before the homestead was conveyed. The court rejected the argument that homestead protection requires an a
• The Dania Bank v. Wilson & Toomer Fertilizer Co.
  127 Fla. 45· Fla.· 1937-02-04 ·cited 23×
  The Florida Supreme Court reversed a lower court decree that protected property as homestead from a creditor's execution sale, holding that the property lacked homestead character at the time of levy of attachment because F.G. Taylor, though living on the property with his son La
• Nationwide Fin. Corp. of Colo. v. Thompson
  400 So. 2d 559· Fla. 1st DCA· 1981-07-07 ·cited 22×
  Nationwide Financial Corporation sought to enforce a judgment lien against Jack Thompson's interest in his marital residence, which was protected by Florida's homestead exemption. The court reversed the trial court's dismissal and remanded for factual determination of whether Jac
• In re Est. of Thomas J. McGINTY
  258 So. 2d 450· Fla.· 1971-12-01 ·cited 22×
  This case addresses whether a Florida statute restricting homestead devises to situations where the owner is survived by lineal descendants was repealed by the 1968 Florida Constitution's narrower requirement of surviving minor children. The Court held that the 1968 Constitution'
• Phyllis M. LAW v. Robert R. LAW
  738 So. 2d 522· Fla. 4th DCA· 1999-08-18 ·cited 20×
  Robert Law inherited his mother's home in Davie while living separately from his wife in a home they owned together in Hollywood. The court held that Robert could claim the inherited Davie home as his homestead exempt from execution, even though he and his wife maintained a homes
• Brodgon v. McBRIDE
  75 So. 2d 770· Fla.· 1954-10-12 ·cited 20×
  The Florida Supreme Court held that a divorced father who continues to support his minor daughter pursuant to a divorce decree remains the head of a family, and an apartment house occupied in part by the father constitutes homestead property that cannot be devised by will, even t
• Rigby v. Middlebrooks
  102 Fla. 148· Fla.· 1931-06-24 ·cited 20×
  A creditor sought to cancel a deed conveying property from a debtor to a corporation, alleging fraud. The Florida Supreme Court affirmed the lower court's decree, holding that homestead property exempt from execution cannot be the subject of a creditor's fraud suit because credit
• Davis v. Miami Beach Bank & Tr. Co.
  99 Fla. 1282· Fla.· 1930-06-06 ·cited 20×
  This case concerns whether a widow, living with her adult, afflicted son, qualifies as the head of a family for homestead exemption purposes. The court held that she does, entitling her property to protection from forced sale.
• Beensen v. Burgess
  218 So. 2d 517· Fla. 4th DCA· 1969-02-12 ·cited 18×
  Plaintiffs purchased real property from Walter Dunn in 1964, but defendants held judgment liens against Dunn recorded before the sale. The court held that the property retained its constitutional homestead exemption status despite Dunn's temporary vacation of the property before
• In re Est. of Anna Z. Kionka v. Hebbard
  113 So. 2d 603· Fla. 2d DCA· 1959-07-01 ·cited 17×
  This case addresses whether Anna Z. Kionka was the 'head of a family' under Florida homestead exemption law when she lived with an unrelated niece and the niece's illegitimate child. The appellate court reversed the lower court's homestead determination, holding that Kionka lacke
• Brandies v. Perry
  39 Fla. 172· Fla.· 1897-01-01 ·cited 17×
  This case addresses whether a detached tract of land, used as part of a home farm, can be claimed as part of a homestead exemption when the family resides on a separate tract. The court held that it cannot, emphasizing that the homestead exemption protects the actual family home
• Shambow v. Shambow
  153 Fla. 760· Fla.· 1943-12-07 ·cited 16×
  Four of five children of Mary L. Shambow sued for partition of their mother's home against their brother who lived there for ten years caring for her. The Florida Supreme Court affirmed the lower court's finding that the mother was not the "head of a family" under the homestead e
• Cumberland & Liberty Mills v. Keggin
  139 Fla. 133· Fla.· 1939-07-07 ·cited 15×
  The Florida Supreme Court upheld an injunction preventing the sale of homestead property of a deceased judgment debtor, holding that a homestead exemption inures to the heirs when a family relationship is maintained on the property after the spouse's death, and that judgment cred
• In re Est. of Eugenia L. Wilder v. Mitchell
  240 So. 2d 514· Fla. 1st DCA· 1970-09-24 ·cited 14×
  The court held that the decedent was not the head of a family for homestead purposes because her grandson, who lived with her, considered himself the head of his own family and was gainfully employed.
• Parker v. Penny
  95 Fla. 922· Fla.· 1928-05-15 ·cited 14×
  Georgia Parker challenged the probate of her father Joseph W. Combs's will, alleging testamentary incapacity, undue influence, and that the estate's primary asset was protected homestead property. The Florida Supreme Court affirmed the lower courts' rejection of all challenges, h
• Beall v. Pinckney
  150 F.2d 467· 5th Cir.· 1945-07-06 ·cited 12×
  A debtor's transfer of his own funds to purchase a family home, with title taken in his wife's name, for the purpose of establishing a homestead, does not constitute a fraudulent transfer voidable by creditors under Florida law, even if the debtor is insolvent.
• In re Est. OF Samuel J. Melisi
  440 So. 2d 584· Fla. 4th DCA· 1983-09-21 ·cited 11×
  This case addresses whether a decedent's interest in property owned jointly with his ex-spouse constitutes homestead property that is non-devisable when the decedent is survived by a minor child. The court reversed the trial court's determination that the property was not homeste
• LaGASSE v. AETNA Ins. Co.
  213 So. 2d 454· Fla. 2d DCA· 1968-08-07 ·cited 11×
  A judgment lien does not attach to property that becomes a homestead after the lien attaches, if the property was inherited by the debtor and the homestead right attaches simultaneously with the inheritance and the lien.
• Brady v. Brady
  55 So. 2d 907· Fla.· 1951-12-04 ·cited 11×
  The Florida Supreme Court affirmed a lower court's decision, holding that a son who married and became the head of his own family dissolved the "family relationship" with his father, thus the property in question was not a homestead at the time of the father's death. This case cl