Head Of A Family

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

• Morehead v. Yongue
  134 Fla. 135· Fla.· 1938-09-27 ·cited 11×
  This case concerns whether a property qualifies as a homestead exempt from forced sale when the owner supported his parents but did not live with them before his marriage. The court found the property did not acquire homestead status until after judgments against the owner attach
• Loring v. Wittich
  16 Fla. 498· Fla.· 1878-01-01 ·cited 11×
  In this appeal, the Florida Supreme Court reversed a lower court decree that denied John Loring's exemption claim for personal property, including a schooner, from execution on a judgment. The Court held that Loring's answer sufficiently alleged facts establishing him as the head
• Cory v. Parks
  386 So. 2d 292· Fla. 2d DCA· 1980-07-23 ·cited 10×
  Opal Cory appealed a summary judgment in a quiet title action regarding homestead real property. The court reversed, holding that determination of who is the head of a family for homestead purposes is a factual question that cannot be resolved on summary judgment, especially afte
• Hussa v. Hussa
  65 So. 2d 759· Fla.· 1953-06-05 ·cited 10×
  This case concerns whether property in Fort Myers, Florida constituted homestead property of Dr. Philip Hussa and whether it was abandoned. The Florida Supreme Court affirmed the lower court's finding that the property never acquired homestead status and, alternatively, that any
• Ellis Sarasota Bank & Tr. Co. v. Nevins
  409 So. 2d 178· Fla. 2d DCA· 1982-01-29 ·cited 9×
  The court held that wages are not exempt from garnishment after being paid by the employer, and a deposit into an entireties account may constitute a fraudulent transfer if proven fraudulent.
• Fort v. Cora Rigdon
  100 Fla. 398· Fla.· 1930-07-31 ·cited 9×
  This case concerns the designation of a homestead from a larger tract of land. The court affirmed the lower court's decision, holding that the chancellor's designation of the homestead was not clearly erroneous and followed established legal principles regarding homestead exempti
• Holden v. Est. OF Mary Lee Gardner
  404 So. 2d 1169· Fla. 1st DCA· 1981-10-22 ·cited 8×
  A surviving spouse appealed a trial court's denial of his homestead claim after his wife's will devised their family residence to her sister. The court affirmed, holding that homestead protection against devise applies only when the deceased owner was the head of the family, and
• Passmore v. Morrison
  63 So. 2d 297· Fla.· 1953-02-27 ·cited 8×
  In this homestead property dispute, the Florida Supreme Court held that an adopted child who had not lived with his adoptive parents for over two years and was not dependent on them had no homestead rights in their property. The court affirmed the lower court's decision that the
• Bigelow v. Dudley C. Dunphe
  144 Fla. 330· Fla.· 1940-10-01 ·cited 8×
  The Florida Supreme Court clarifies that a married woman who is the head of a family and owns homestead property cannot convey or mortgage that property without her husband's joinder, even if she is a 'free dealer' under statute, as required by the Florida Constitution's homestea
• Farland Loan & Sav. Co. v. Pittman
  108 Fla. 442· Fla.· 1933-02-23 ·cited 8×
  The Florida Supreme Court granted a motion to quash a writ of certiorari, affirming a lower court's decision that the defendant was the head of a family entitled to homestead exemption. The court found the evidence sufficient to support this finding.
• Abernathy v. Gruppo
  119 So. 2d 398· Fla. 3d DCA· 1960-03-14 ·cited 7×
  The Abernatys obtained a judgment against Carolyn Gruppo and levied on her home. Gruppo claimed homestead exemption, but the court held that because her deceased husband (not she) was the head of the family during his lifetime, the property was not exempt from execution. The cour
• Adams v. Clark
  48 Fla. 205· Fla.· 1904-06-01 ·cited 7×
  The Florida Supreme Court held that John Clark, a deceased homeowner, qualified as the head of a family entitled to homestead exemption from creditors' claims, even though his household included his granddaughter (whom he had informally adopted and supported from infancy) rather
• Killian v. Lawson
  362 So. 2d 1007· Fla. 4th DCA· 1978-09-27 ·cited 6×
  The Fourth District Court of Appeal held that a divorced man paying $1,000 monthly alimony as the sole support of his ex-wife qualifies for wage garnishment exemption under Florida law. The court rejected prior cases distinguishing divorced men from 'heads of family' by focusing
• Barnett Bank OF Cocoa, N.A. v. Osborne
  349 So. 2d 223· Fla. 4th DCA· 1977-08-09 ·cited 6×
• Barnett v. PAN Am. Sur. Co.
  139 So. 2d 192· Fla. 3d DCA· 1962-03-27 ·cited 6×
  Pan American Surety Company sought a declaratory judgment that Gwendolyn Barnett was not entitled to homestead exemption from a judgment lien. The court affirmed that upon Barnett's remarriage during the litigation, she ceased to be the head of family and lost the exemption, as a
• de Jonge v. Wayne
  76 So. 2d 273· Fla.· 1954-12-07 ·cited 6×
  The Florida Supreme Court affirmed that property acquired by a wife before her marriage to her current husband is not homestead property exempt from execution, even though the husband made mortgage payments and performed minor repairs after the marriage.
• C. B. Witt Co. v. Mrs. S. A. Moody
  72 Fla. 459· Fla.· 1916-12-12 ·cited 6×
  C. B. Witt Company sued to recover debts owed by Mrs. S. A. Moody for merchandise sold to her mercantile business, seeking to subject her real estate to payment. The Florida Supreme Court reversed the lower court's grant of homestead exemption to the husband, holding that a marri
• Flannery v. Green
  482 So. 2d 400· Fla. 2d DCA· 1985-12-04 ·cited 3×
  The homestead exemption is limited to the head of a family, established either through a legal duty to support arising from family relationship ('family in law') or continued communal living with recognized family responsibility ('family in fact'). Flannery failed to satisfy eith
• Ethelyn Neef Bishop v. First Old State Bank
  142 Fla. 190· Fla.· 1940-03-01 ·cited 3×
  This case concerns whether a sixty-acre property was exempt from forced sale as a homestead. The appellate court affirmed the lower court's decision, finding no abuse of discretion in denying a temporary restraining order and dismissing the bill of complaint.
• Tracy v. Lucik
  138 Fla. 188· Fla.· 1939-05-19 ·cited 3×
  The Florida Supreme Court reversed a trial court's denial of a judgment debtor's homestead exemption claim in a garnishment proceeding, holding that a homestead exemption claim can be asserted even after the garnishee issues a cashier's check if the funds have not actually been p
• Routman v. Yanick Desvarieux
  467 So. 2d 1090· Fla. 3d DCA· 1985-04-30 ·cited 2×
  The estate of Dr. Desvarieux appeals an order designating his home as homestead property for his two minor children from a prior marriage. The court affirms, holding that Dr. Desvarieux qualified as head of a 'family in law' based on his legal duty to support the children and his
• United States v. Boyette
  413 So. 2d 1250· Fla. 1st DCA· 1982-05-05 ·cited 2×
  The United States appealed a circuit court order that recognized Wayne Boyette's homestead exemption claim on a Columbia County, Florida property. The appellate court reversed, holding that Boyette could not maintain homestead status on property he abandoned over twelve years ago
• Zimmerman v. Gardner
  355 So. 2d 157· Fla. 4th DCA· 1978-02-14 ·cited 2×
  A divorced woman living with her ex-husband's elderly aunt, who pays for food and care, does not qualify as the head of a family for homestead exemption purposes.
• Stephens v. Campbell
  70 So. 2d 579· Fla.· 1954-02-23 ·cited 2×
  A Florida husband appealed the dismissal of his bill of complaint seeking a declaratory judgment that his deceased wife's homestead property could not be devised by will to exclude his interests. The Supreme Court reversed, holding that Florida's homestead exemption prevents a pr
• Graham v. Azar
  204 So. 2d 193· Fla.· 1967-11-15 ·cited 1×
  A head of family is entitled to claim the constitutional homestead exemption for $1,000 worth of personal property against a money judgment for child support, as child support judgments are not among the specific exceptions enumerated in Article X, Section 1 of the Florida Consti
• In re The Est. OF Pauline Helen Pendrys v. Szymber
  443 So. 2d 402· Fla. 4th DCA· 1984-01-04
  The court held that the property constituted homestead property because the decedent was the head of a family, and this status was not abandoned by the son's temporary absence.
• Annabelle L. Rothschild v. Rothschild
  288 So. 2d 582· Fla. 2d DCA· 1974-01-23
  Annabelle Rothschild appealed a trial court decision regarding her claim to the family home, challenging whether her deceased husband could have transferred the property to himself and his wife as tenants by the entirety under Florida's homestead exemption law. The appellate cour
• In re Parrish Estate
  40 Fla. Supp. 12· Orange Cty. Judge's Ct.· 1972-12-19
  The court held that the decedent's property was homestead property and thus not subject to devise, and denied the petition for a family allowance due to lack of demonstrated necessity.
• In re Est. of W. E. Mahaffey
  194 So. 2d 636· Fla. 2d DCA· 1967-01-25
  The daughters of W. E. Mahaffey appealed a judgment denying homestead exemption for their deceased father's property, arguing it should have passed to them rather than being subject to their stepmother's dower interest. The court affirmed, holding that the property ceased to be h
• Solomon v. Davis
  9 Fla. Supp. 168· Sarasota Cty. Cir. Ct.· 1956-09-11
  A married woman with a self-supporting husband claimed homestead exemption as head of family to protect her home from execution on a judgment debt. The court held that a woman can qualify as head of family despite being married, based on her actual role as the dominant economic p
• Schultz v. Graessle
  6 Fla. Supp. 110· Lake Cty. Cir. Ct.· 1954-08-02
  Schultz sued to set aside deeds by which her deceased mother Pauline conveyed two tracts of land to a corporation and back to herself and her husband Frank, then to Frank's son. The court found the conveyances procured by fraud and misrepresentation to deprive Pauline's daughter
• Johnson v. Johnson
  2 Fla. Supp. 199· Pinellas Cty. Cir. Ct.· 1952-10-02
  William M. Johnson Jr. and Barbara Joyce Johnson Hancock sued to set aside a devise of homestead property on grounds that their deceased father remained the head of a family despite divorce. The circuit court held that a divorced man paying support obligations cannot claim homest
• Hampton v. Neely
  2 Fla. Supp. 83· Dade Cty. Cir. Ct.· 1949-12-08
  A Florida circuit court determined that a husband whose wife had separated from him, filed for divorce, and established independent residence and employment was not entitled to homestead exemption for garnished funds. The court held that the separation and divorce proceedings ter
• Sherman v. Ford
  102 Fla. 611· Fla.· 1931-07-28
  The Florida Supreme Court reversed a lower court's decision, holding that the property owner was indeed the head of a family residing in the state and thus entitled to homestead protection.