Homestead Exemption

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

• 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
• City of Lake Worth v. State
  135 Fla. 68· Fla.· 1938-11-18 ·cited 3×
  The City of Lake Worth sought validation of refunding bonds issued to restructure its pre-November 1934 funded debt, claiming that bonds issued before a constitutional amendment exempting homesteads from taxation retained the right to tax homesteads. The Florida Supreme Court aff
• Fid. & Cas. Co. of N.Y. v. Magwood
  111 Fla. 190· Fla.· 1933-06-24 ·cited 3×
  Fidelity & Casualty Company sought mandamus to compel a circuit court judge to comply with the Florida Supreme Court's mandate reversing an order and directing entry of a new order consistent with the Court's opinion. The Supreme Court denied the petition, finding that the lower
• Union Indem. Co. of New Orleans v. Worthingstun
  98 Fla. 242· Fla.· 1929-07-30 ·cited 3×
  Union Indemnity Company, as surety on a bond, sought to recover through subrogation after paying a judgment obtained by materialmen Blitch and Parish against a homestead property owner. The Florida Supreme Court reversed, holding that the statutory bond released the materialmen's
• PRN Real Est. & Invs., Ltd. v. Cole
  85 F.4th 1324· 11th Cir.· 2023-11-02 ·cited 2×
  William W. Cole, Jr. filed for Chapter 7 bankruptcy, and creditor PRN Real Estate & Investments sought to deny or limit his discharge based on alleged fraudulent transfers and false statements in his bankruptcy filings. The Eleventh Circuit Court of Appeals affirmed the bankruptc
• Frehling v. Garcia
  361 So. 3d 293· Fla. 3d DCA· 2023-10-04 ·cited 2×
  The 2020 constitutional amendment extending the SOH transfer period from two to three years does not retroactively apply to the Frehlings' 2019 transfer application because the amendment contains an express effective date of January 1, 2021, and constitutional amendments with cle
• Locke v. Whitehead
  Fla. 4th DCA· 2021-06-23 ·cited 2×
  A contractor appeals an order vacating a default judgment against homeowners who filed an erroneous construction lien against his homestead property. The trial court vacated the judgment, finding the homeowners satisfied the requirements for relief from default. The appellate cou
• Furst v. ROD Rebholz
  302 So. 3d 423· Fla. 2d DCA· 2020-06-19 ·cited 2×
  The court affirmed a lower court's decision to reinstate a homeowner's full homestead tax exemption, finding that Florida law does not authorize the division of a permanent residence for tax purposes based on renting out portions of the home. However, the court reversed the porti
• Sepulveda v. Westport Recovery Corp.
  145 So. 3d 162· Fla. 3d DCA· 2014-07-09 ·cited 2×
  The Florida District Court of Appeal held that circuit courts have exclusive jurisdiction to determine whether property qualifies for homestead exemption under section 222.10, and that a county court exceeded its jurisdiction by determining that a debtor's claimed homestead did n
• Steffen v. United States (In Re Steffen)
  405 B.R. 486· M.D. Fla.· 2009-04-27 ·cited 2×
  The court held that the Government's objection to the homestead exemption was timely filed and that the debtor did not possess a sufficient legal or equitable interest in the property, titled in a partnership's name, to claim it as a homestead exemption.
• Liliana M. Sass v. Sass
  988 So. 2d 1135· Fla. 4th DCA· 2008-07-30 ·cited 2×
  In a consolidated appeal from a dissolution of marriage and attorney's charging lien judgment, the former wife challenged twelve issues. The court affirmed the trial court's treatment of a $75,000 loan as a pre-marital asset under a prenuptial agreement, but reversed the trial co
• Winer Mathieu v. City OF Lauderdale Lakes
  961 So. 2d 363· Fla. 4th DCA· 2007-07-25 ·cited 2×
  The Florida Fourth District Court of Appeal reversed a foreclosure sale order against homestead property, holding that code enforcement liens do not constitute an exception to homestead protection and that the trial court improperly applied res judicata principles when homestead
• Bende v. Furr & Cohen, P.A.
  941 So. 2d 425· Fla. 4th DCA· 2006-10-04 ·cited 2×
  The Fourth District Court of Appeal affirmed a summary judgment of foreclosure against Michael Bende and his revocable trust. The court rejected multiple defenses raised for the first time on appeal, finding they were not properly pleaded, lacked evidentiary support, and failed a
• Weber v. Nataliya Weber
  929 So. 2d 1165· Fla. 2d DCA· 2006-06-02 ·cited 2×
  Christian Weber challenged a Florida circuit court's subject matter jurisdiction over his wife's divorce petition, arguing that her nonimmigrant visa status prevented her from establishing Florida residency as required by statute. The Second District Court of Appeal affirmed the
• Braswell v. Braswell
  890 So. 2d 379· Fla. 3d DCA· 2004-12-22 ·cited 2×
  This concurring opinion proposes a formula for applying the one-half acre homestead exemption to condominium units by calculating the non-residential ground area and adding back the unit's footprint.
• Platt v. Russek
  921 So. 2d 5· Fla. 2d DCA· 2004-04-14 ·cited 2×
  An appellate court granted review of a trial court's order staying execution of a money judgment for attorney's fees and costs without requiring a supersedeas bond, vacating the stay.
• Fong v. Town OF BAY Harbor Islands
  864 So. 2d 76· Fla. 3d DCA· 2003-12-24 ·cited 2×
  The court held that a lien cannot be imposed on homestead property, and daily fines should cease accruing upon entry of judgment.
• Wells v. Vallier
  773 So. 2d 1197· Fla. 2d DCA· 2000-12-06 ·cited 2×
  The Property Appraiser for Pasco County appealed a summary judgment granting homestead tax exemption to the Valliers, arguing that their receipt of a residency-based property tax credit in New Hampshire disqualified them as permanent Florida residents. The court affirmed, holding
• Schaller v. Bruce N. Balk, A.I.A., P.A.
  708 So. 2d 299· Fla. 2d DCA· 1998-02-25 ·cited 2×
  The court held that a prior judgment determining the property's status, which predated the homestead claim, precluded relitigation of the homestead issue.
• Gibson Grp. v. Cooper (In Re Cooper)
  197 B.R. 698· M.D. Fla.· 1996-07-01 ·cited 2×
  The court held that a judicial lien can be avoided under § 522(f) of the Bankruptcy Code if it impairs an exemption to which the debtor is entitled at the time of filing the bankruptcy petition, even if the lien attached before the property qualified as homestead.
• Louth v. Mariellen Williams
  659 So. 2d 409· Fla. 2d DCA· 1995-08-02 ·cited 2×
  The court held that homestead property is not subject to a forced sale to secure attorney's fees and costs absent specific exceptions. The lien on the husband's home was therefore invalid.
• Barberio v. Smith
  641 So. 2d 965· Fla. 3d DCA· 1994-09-07 ·cited 2×
• Marine Midland Bank, N.A. v. Mollon
  160 B.R. 860· M.D. Fla.· 1993-06-16 ·cited 2×
  The court held that the bankruptcy court's finding that Mrs. Mollon did not possess the requisite fraudulent intent was clearly erroneous, and her discharge should be denied.
• Demura v. Cnty. OF Volusia
  618 So. 2d 754· Fla. 5th DCA· 1993-04-30 ·cited 2×
  The appellate court held that the trial court erred in dismissing the quiet title action, as the Constitution and statutes prohibit liens on homestead property, and the order itself created a cloud on title.
• Pate v. United States
  949 F.2d 1059· 10th Cir.· 1991-11-20 ·cited 2×
  The court held that a husband's payment for property titled in his wife's name creates a presumption of a gift, not a resulting trust, and a homestead exemption is a personal privilege, not a property interest to which tax liens can attach.
• Freedom Props. v. Alderman
  589 So. 2d 424· Fla. 2d DCA· 1991-11-15 ·cited 2×
  Freedom Properties and University Village residents appealed a dismissal of their declaratory relief action seeking homestead exemptions on property at a for-profit continuing care retirement facility. The court affirmed the dismissal, holding that residents lack legal or equitab
• In re Opperman v. Opperman
  943 F.2d 441· 4th Cir.· 1991-08-22 ·cited 2×
  A debtor may avoid a judicial lien under 11 U.S.C. § 522(f) to the extent that the lien impairs an exemption, even if the state has opted out of federal exemptions and defined its own. The Supreme Court's decision in Owen v. Owen controls.
• Davis v. Amerifirst Bank
  578 So. 2d 318· Fla. 3d DCA· 1991-03-19 ·cited 2×
  The court affirmed foreclosure of mortgaged property, holding that homestead status did not bar foreclosure because the property was never homestead, the mortgagor cannot assert homestead to defeat foreclosure, the property lost homestead status upon divorce, and homestead rights
• Stebbins v. Kiernan (In Re Stebbins)
  105 B.R. 118· S.D. Fla.· 1989-09-04 ·cited 2×
  The court held that the bankruptcy court correctly determined the dischargeability of a debt and the extent to which a lien on homestead property could be avoided, based on whether the award was in the nature of alimony or property settlement.
• In re Walters v. United States Nat'l Bank IN Johnstown
  879 F.2d 95· 3d Cir.· 1989-07-20 ·cited 2×
  A bankrupt can avoid a judicial lien on their homestead for a non-dischargeable debt if the lien impairs an exemption to which they would otherwise be entitled.
• In re Hardage v. Herring Nat'l Bank
  837 F.2d 1319· 5th Cir.· 1988-02-22 ·cited 2×
  The court held that the bankruptcy trustee could sell the debtor's unexempted crop interest, but the bankruptcy court erred in valuing the crop based on projections rather than the actual sale price and misapplied the standard for disallowing amended exemptions.
• Sch. Bd. OF the Parish OF Livingston v. La. State Bd. OF Elementary & Secondary Educ.
  830 F.2d 563· 5th Cir.· 1987-10-22 ·cited 2×
  Louisiana's system of financing public education does not violate the Equal Protection Clause of the Fourteenth Amendment, as it rationally furthers legitimate state purposes.
• In re Anderson v. Anderson
  824 F.2d 754· 9th Cir.· 1987-08-10 ·cited 2×
  A recorded homestead declaration under prior California law, when superseded by new legislation, only grants benefits under the new law's 'declared homestead' article, not the 'automatic homestead' article, and does not violate the Contracts Clause if it makes only minor alterati
• In re Renner v. State OF Ariz. Dep't OF Econ. Sec.
  822 F.2d 878· 9th Cir.· 1987-07-21 ·cited 2×
  A declaration of homestead under Arizona law is fatally defective if it fails to include the signature of both spouses, as required by statute, and this omission is not excused by circumstances of impossibility.
• In re Niland v. Darwin Deason
  809 F.2d 272· 5th Cir.· 1987-02-10 ·cited 2×
  The court held that while the property was Niland's homestead, he was estopped from claiming it due to his prior fraudulent claim of a different property as his homestead, which resulted in a benefit to him.
• 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
• Hershey v. Linzer (In Re Hershey)
  50 B.R. 329· S.D. Fla.· 1985-03-30 ·cited 2×
  A debtor may use 11 U.S.C. § 522(f)(1) to avoid a judicial lien on homestead property, even if state law grants the lien priority, due to the supremacy of federal law.
• Ostyn v. Olympic
  455 So. 2d 1137· Fla. 2d DCA· 1984-09-19 ·cited 2×
  In a quiet title action, the court reversed summary judgment for the defendant spouse and held that a surviving spouse's homestead right does not attach to property owned by the deceased spouse as a joint tenant with right of survivorship, because the deceased spouse had no indiv
• 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
• Grass v. Great Am. Bank of N. Miami Beach
  414 So. 2d 561· Fla. 3d DCA· 1982-04-27 ·cited 2×
  Alfred and Vera Grass appealed a judgment that voided Alfred's transfer of his homestead interest to his mother and allowed Great American Bank to levy on the property. The court reversed, holding that the property was protected as homestead and therefore not subject to execution
• Hosp. Affiliates OF Fla., Inc. v. McELROY
  393 So. 2d 25· Fla. 3d DCA· 1981-01-13 ·cited 2×
  Hospital Affiliates appeals a trial court order setting aside deceased Alice Baker's residence as homestead property exempt from creditor claims. The court holds that homestead exemption is personal to the living head of family and terminates upon death, so the exemption cannot p
• In re Bassin v. Robert H. Stopher/Appellee
  637 F.2d 668· 9th Cir.· 1980-10-31 ·cited 2×
  A bankrupt is entitled to a homestead exemption in the amount in effect at the time debts were incurred, not the amount effective at the time of filing, if pre-existing creditors' rights would be impaired by a retroactive increase.
• August L. Bobenhausen v. Boucher
  377 So. 2d 31· Fla. 1st DCA· 1979-11-19 ·cited 2×
  In this homestead exemption dispute, the Florida District Court of Appeal reversed a directed verdict granted to homeowners who claimed their real property was exempt from execution on a judgment lien. The court held that the parties' stipulation to the validity of the underlying
• In re Zahn v. Zahn
  605 F.2d 323· 7th Cir.· 1979-08-20 ·cited 2×
  A bankruptcy trustee's duty is to set off exemptions as they exist against general creditors on the date of filing the bankruptcy petition, and creditors with special claims against exempt property must pursue remedies in state court.
• 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.
• Hattie Eysman v. Mullins
  346 So. 2d 596· Fla. 3d DCA· 1977-05-24 ·cited 2×
  In a mortgage foreclosure proceeding involving surplus funds, the trial court denied the personal representative of a judgment creditor's motion to compel the defendant property owner to submit to a deposition regarding the homestead status of the foreclosed property. The appella
• Gersten v. Bessemer
  352 So. 2d 68· Fla. 4th DCA· 1977-05-06 ·cited 2×
  The court reversed a foreclosure judgment against homestead property for nonpayment of a recreational lease fee. The court held that while a lien was created by contract when the deed was executed, it cannot be enforced against homestead property because it does not fall within t
• Aritta Gleason v. State Rd. Dep't of Fla.
  178 So. 2d 199· Fla. 2d DCA· 1965-09-09 ·cited 2×
  Property owners appealed the trial court's strike of paragraphs claiming incidental damages (lost rental income, taxes, diminished marketability) in a condemnation proceeding. The court affirmed the strike, holding that under Florida law compensation must be based on the property
• Peter M. Elliott in Bankruptcy of Kenneth P. Ostman and Douglas L. Ostman v. Ostman
  340 F.2d 581· 9th Cir.· 1965-01-05 ·cited 2×
  The court held that the bankrupts' homestead declarations substantially complied with California law by estimating their equity value, even if not the full cash value.
• Schultz v. Mastrangelo
  333 F.2d 278· 9th Cir.· 1964-06-23 ·cited 2×
  A declaration of homestead recorded after a voluntary bankruptcy petition but before sale is effective against the trustee if state law permits such recording against creditors.