Homestead Exemption

671 Florida cases classified under this topic · sorted by citation count

• Morgan F. Jones in Bankr. of Jacksonville Bread Co. v. Carpenter
  106 So. 127· Fla.· 1925-10-24 ·cited 375×
  The Florida Supreme Court reversed a lower court decision dismissing a trustee's bill seeking to establish an equitable lien against a homestead. The trustee sought to recover funds that the bankrupt corporation's president fraudulently diverted from company assets to improve his
• Walter v. Schuler
  176 So. 2d 81· Fla.· 1965-05-21 ·cited 169×
  The Florida Supreme Court held that tax assessments must reflect 100% of fair market value ('just valuation') under the Florida Constitution, rejecting systematic undervaluation of property at approximately 40% of value in Duval County's 1964 tax roll. The court declared 'fair ma
• 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
• Hutchinson v. Stone
  79 Fla. 157· Fla.· 1920-02-25 ·cited 139×
  A wife who signed a mortgage on the marital homestead claimed she was deceived as to the property's nature. The Florida Supreme Court reversed the foreclosure judgment, holding that the mortgage was invalid because the wife's statutory acknowledgment was improperly taken over a t
• Roth v. Roth
  973 So. 2d 580· Fla. 2d DCA· 2008-01-09 ·cited 121×
  In this dissolution of marriage appeal, the Second District Florida Court of Appeal reversed and remanded the trial court's equitable distribution and child support awards, finding the trial court erroneously included dissipated marital assets in the distribution scheme without e
• Fla. League OF Cities v. Smith
  607 So. 2d 397· Fla.· 1992-10-29 ·cited 116×
  The Florida Supreme Court denied a writ of mandamus petition seeking to remove a proposed constitutional amendment from the ballot, holding that the amendment would not trigger a constitutional repealer provision affecting homestead tax exemptions. The Court found the repealer's
• Shad v. Smith
  74 Fla. 324· Fla.· 1917-11-15 ·cited 105×
  Priscilla Smith sought to rescind a conveyance of her homestead property to Charles Shad, alleging she did not voluntarily sign the deed and was never properly acknowledged by a notary. The Florida Supreme Court affirmed the chancellor's finding that the wife's failure to acknowl
• Palm Beach Sav. & Loan Ass'n v. Fishbein
  619 So. 2d 267· Fla.· 1993-04-01 ·cited 93×
  The Florida Supreme Court held that a bank can obtain an equitable lien on homestead property to the extent its loan proceeds were used to satisfy preexisting mortgages and taxes, even though the homeowner's spouse innocently did not sign the mortgage due to her husband's forgery
• 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
• State v. Carey
  121 Fla. 515· Fla.· 1935-11-09 ·cited 88×
  A homestead owner sought a writ of mandamus to compel the Board of County Commissioners of Duval County to recalculate the tax rate for bond debt service, removing homesteads from taxation and shifting the burden to non-exempt property. The Florida Supreme Court denied the writ,
• Schleman v. Conn. Gen. Life Ins. Co.
  151 Fla. 96· Fla.· 1942-07-10 ·cited 86×
  A Florida taxpayer challenged an allegedly fraudulent property assessment at 300% of full cash value. The court held that a taxpayer may obtain relief for gross overassessment without proving discrimination against other taxpayers, reversing the prior rule requiring comparative v
• 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.
• Butterworth v. Caggiano
  605 So. 2d 56· Fla.· 1992-07-09 ·cited 74×
  Florida's Supreme Court held that homestead property protected by Article X, Section 4 of the Florida Constitution cannot be forfeited under the Florida RICO Act, even when the property was used in criminal activity. The Court rejected a narrow, technical interpretation of the ho
• Holmes La Mar v. Lechlider
  135 Fla. 703· Fla.· 1939-01-03 ·cited 71×
  Holmes LaMar and his wife appeal a judgment granting the Lechliders a lien on their homestead property for valuable improvements made with LaMar's consent in exchange for an unspecified interest in the land. The Florida Supreme Court affirms, holding that an equitable lien for im
• 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
• Rast v. Hulvey
  77 Fla. 74· Fla.· 1919-01-23 ·cited 69×
  A private military academy owner challenged a property tax assessment on land used for the Florida Military Academy, claiming tax exemption under Florida's constitutional and statutory provisions for educational institutions. The court held that the property was not exempt becaus
• 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
• Spitzer v. Briggs Branning
  135 Fla. 49· Fla.· 1938-11-16 ·cited 64×
  Arthur W. Spitzer appealed an order denying his motion for a decree in a partition suit, challenging whether homestead property could be lawfully allotted to his mother as a child's part in probate proceedings. The Florida Supreme Court held that the County Judge lacked jurisdict
• Nelson v. Hainlin
  89 Fla. 356· Fla.· 1925-04-07 ·cited 64×
  The court considered whether a homestead was abandoned before the owner's death, which would allow it to be willed away. The court found that the circumstances did not demonstrate abandonment, preserving the homestead's exemption for the widow and heirs.
• Snyder v. Davis
  699 So. 2d 999· Fla.· 1997-09-18 ·cited 62×
  The Florida Supreme Court held that a testator without a surviving spouse or minor children may devise homestead property by will to any family member within the class of persons eligible under Florida's intestacy statute while preserving the constitutional exemption from forced
• 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
• The Osceola Fertilizer Co. v. Sauls
  98 Fla. 339· Fla.· 1929-07-31 ·cited 62×
  This case addresses whether a divorced father, whose minor child lives with the mother due to a court order, still qualifies as the head of a family for homestead exemption purposes. The court held that he does, as he retains the legal obligation to support his child.
• State v. City of Clearwater
  125 Fla. 73· Fla.· 1936-07-28 ·cited 60×
  The Florida Supreme Court upheld the City of Clearwater's issuance of refunding bonds and delinquent tax notes to address a severe debt crisis involving over $5.1 million in bonded indebtedness with approximately $750,000 in past-due unpaid interest. The court rejected multiple c
• Boatright v. The City of Jacksonville
  117 Fla. 477· Fla.· 1934-12-01 ·cited 59×
  The Florida Supreme Court upheld the validation of Jacksonville's refunding bonds, holding that a 1934 homestead tax exemption amendment cannot impair the city's obligation to levy taxes on homesteads to pay previously issued bonded debt, as doing so would violate the Federal Con
• Amma H. Shone v. Bellmore
  75 Fla. 515· Fla.· 1918-04-08 ·cited 59×
  The Florida Supreme Court held that a testator's will cannot deprive a posthumous child or widow of their homestead exemption rights under the Florida Constitution. The court affirmed the lower court's overruling of demurrers to a bill seeking to declare the homestead void and vo
• Moore v. Price
  98 Fla. 276· Fla.· 1929-07-31 ·cited 58×
  In this appeal of an equity partition suit, the Florida Supreme Court addresses whether minor heirs can compel partition of homestead property held by their grandmother (the widow) who has an unassigned dower right. The court holds that while the widow's dower must first be assig
• Owen v. Owen
  500 U.S. 305· U.S.· 1991-05-23 ·cited 56×
  The dissent argues that the Bankruptcy Code's lien avoidance provisions do not apply when the lien attached before the debtor was entitled to the exemption.
• Steuart v. State
  119 Fla. 117· Fla.· 1935-04-23 ·cited 56×
  The Florida Supreme Court reversed a lower court's grant of a homestead tax exemption to an alien head of family, holding that the 1934 constitutional amendment limiting the exemption to those who are "citizens of and reside in the State of Florida" requires U.S. citizenship, not
• W. Fla. Grocery Co. v. Teutonia Fire Ins. Co.
  74 Fla. 220· Fla.· 1917-10-26 ·cited 56×
  The Florida Supreme Court reversed a lower court's decision in an interpleader action involving insurance policy proceeds, holding that an assignment of a fire insurance policy after loss is valid without the insurer's consent, that writs of garnishment cannot attach contingent i
• 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
• 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
• DeCottes v. Clarkson
  43 Fla. 1· Fla.· 1901-01-01 ·cited 53×
  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.
• Citizens State Bank v. Jones
  100 Fla. 1492· Fla.· 1930-12-16 ·cited 52×
  The Florida Supreme Court reversed a permanent injunction that prevented Citizens State Bank from paying out a $580.50 deposit belonging to Henry Martin pending resolution of a breach of warranty suit. The court held that while purchase-price payments are not exempt from executio
• Craven v. Hartley
  102 Fla. 282· Fla.· 1931-06-30 ·cited 50×
  The Florida Supreme Court affirmed that a loan used to complete the purchase of property cannot be exempted as homestead when the lender relied on an oral promise to secure a mortgage on the property. The court held that an equitable lien attaches to property purchased with borro
• Thomas v. Craft
  55 Fla. 842· Fla.· 1908-01-01 ·cited 49×
  The Florida Supreme Court affirmed a decree denying partition of homestead real estate, holding that a husband's attempted conveyance of his homestead without his wife's joint consent and execution is void under the Florida Constitution and confers no title or interest on the gra
• The Bank of Jennings v. Jennings
  71 Fla. 145· Fla.· 1916-02-15 ·cited 48×
  The Bank of Jennings sought to foreclose a mortgage on homestead property, claiming the wife's acknowledgment of the mortgage was valid. The Florida Supreme Court reversed the lower court's dismissal of the foreclosure complaint, holding that the notary's certificate of the wife'
• 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
• Smith v. Guckenheimer & Sons
  42 Fla. 1· Fla.· 1900-01-01 ·cited 48×
  Thomas B. Smith challenged a lower court decree that partially divided his residential/rental building to subject part of it to execution for a debt. The Florida Supreme Court affirmed the lower court's division of the property, holding that portions of an indivisible urban homes
• State v. The City OF Port Orange
  650 So. 2d 1· Fla.· 1994-11-03 ·cited 47×
  The Florida Supreme Court held that a city's transportation utility fee is a tax rather than a user fee, and therefore cannot be imposed without authorization from the Florida Legislature. The Court invalidated revenue bonds secured by the transportation utility fee because the u
• In re White v. White
  727 F.2d 884· 9th Cir.· 1984-03-08 ·cited 46×
  The court held that a judgment lien against a property is not a sufficient ownership interest to qualify for a homestead exemption, but remanded to determine if the lien qualifies as protected proceeds from the sale of a homestead.
• Hart v. Sanderson's Administrators
  18 Fla. 103· Fla.· 1881-01-01 ·cited 46×
  This case concerns the foreclosure of a mortgage on homestead property executed by a husband and wife who expressly waived homestead exemption rights. The Florida Supreme Court affirmed the foreclosure decree, holding that a sale resulting from a mortgage executed with express co
• Knapp v. Fredricksen
  4 So. 2d 251· Fla.· 1941-10-24 ·cited 45×
  This case concerns whether a property deed to a husband and wife creates an estate by the entireties, which vests full ownership in the surviving spouse upon the death of the other, to the exclusion of the deceased spouse's heirs. The court affirmed that such deeds create an esta
• State v. City of Sanford
  128 Fla. 171· Fla.· 1937-05-03 ·cited 45×
  The Florida Supreme Court affirmed the lower court's validation of $5.9 million in refunding bonds issued by the City of Sanford to refinance outstanding municipal debt. The court rejected the State's fourteen contentions challenging the bonds' validity, holding that refunding bo
• State v. City of Orlando
  126 Fla. 251· Fla.· 1936-11-21 ·cited 45×
  The Florida Supreme Court upheld the validation of two issues of refunding bonds by the City of Orlando totaling approximately $3.2 million, holding that refunding bonds issued under the 1931 General Refunding Act are not subject to the Homestead Tax Exemption Amendment ratified
• Miller v. Finegan
  26 Fla. 29· Fla.· 1890-01-01 ·cited 45×
  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
• Chames v. DeMAYO
  972 So. 2d 850· Fla.· 2007-12-20 ·cited 44×
  The Florida Supreme Court held that a homeowner cannot waive the constitutional homestead exemption from forced sale through an unsecured agreement, such as a retainer agreement with an attorney. The court reaffirmed over 120 years of precedent, rejecting arguments based on a con