Homestead Exemption

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

• Herbert B. Finn in Bankruptcy of the Estate of Richard M. Aldridge v. Gilbert
  307 F.2d 380· 9th Cir.· 1962-06-27 ·cited 2×
  The court held that recording a homestead declaration is a condition precedent to establishing a valid homestead exemption under Arizona law, and that the evidence supported the referee's finding that the transferees had reasonable cause to believe the transferors were insolvent.
• Samuels v. Delucchi
  286 F.2d 504· 9th Cir.· 1961-01-13 ·cited 2×
  A homestead declaration substantially complies with California Civil Code § 1263, subd. 4, if it provides creditors with a reasonable estimate of the homesteader's equity in the property.
• Hyacinth Flickinger v. Donald McGAVICK in Bankruptcy of the Estate of Hyacinth Flickinger
  262 F.2d 593· 9th Cir.· 1958-12-08 ·cited 2×
  The court held that the bankrupt's voluntary change from an 'in lieu' homestead award to a declared homestead subjected the property to the bankruptcy trustee's power to sell excess value, as the 'in lieu' status was abandoned.
• Esten v. Crules R. Cheek in Bankruptcy of the Estate of Joseph Esten
  254 F.2d 667· 9th Cir.· 1958-04-21 ·cited 2×
  A homestead declaration cannot be reformed to correct a material misdescription of the property after a bankruptcy petition is filed, as the trustee gains the rights of a lien creditor at that point.
• City of Fort Lauderdale v. Carter
  71 So. 2d 260· Fla.· 1954-03-23 ·cited 2×
  The Florida Supreme Court held that a city's ad valorem tax on garbage collection imposed on all property in the city is a general tax, not a special assessment, and therefore cannot be levied against homestead property exempt under the Florida Constitution.
• In re Hawkins' Estate. Ball v. Barnett Nat. Bank of Jacksonville
  63 So. 2d 313· Fla.· 1953-02-17 ·cited 2×
  The Florida Supreme Court held that a testator's will provision directing the executor to "pay all my just debts and funeral expenses as soon after my decease as conveniently may be" is sufficient to charge exempt personal property (homestead) with funeral expenses. The Court aff
• McCLENDON v. Straub
  193 F.2d 596· 5th Cir.· 1952-01-11 ·cited 2×
  The court held that while federal jurisdiction existed to determine heirship, the order for sale of property was vacated to allow for estate administration and payment of debts.
• Master Lubricants Co. v. Cook
  159 F.2d 679· 9th Cir.· 1947-02-18 ·cited 2×
  The court held that the homestead was terminated because the family relationship was severed by divorce and the child was not under the father's legal custody.
• State of Fla. & the Taxpayers v. THE City OF Miami
  157 Fla. 747· Fla.· 1946-07-16 ·cited 2×
  This case reviews a final decree validating a $6.846 million sidewalk bond issue by the City of Miami. The Florida Supreme Court rejected challenges to the bond authorization based on the charter's election waiver provision and confirmed that the proposed debt complied with the c
• Clinton v. Shoop et ux.
  118 F.2d 811· 8th Cir.· 1941-04-17 ·cited 2×
  The court held that the bankruptcy court correctly declared the state court judgment void and enjoined its enforcement because the state court lacked jurisdiction over property under exclusive federal bankruptcy jurisdiction.
• Harrell v. State ex rel. Austin-Western Rd. Mach. Co.
  146 Fla. 144· Fla.· 1941-02-11 ·cited 2×
  The court held that the judgment, based on an indebtedness accrued before the constitutional amendment regarding homesteads, could be satisfied by a tax levy including homesteads.
• In re David
  S.D. Fla.· 1931-12-08 ·cited 2×
  Two partners dissolved their mercantile partnership in 1929, dividing assets and assuming stated portions of partnership liabilities. When both were adjudicated bankrupt, they claimed homestead exemptions in the property conveyed to them individually. The court held that the assu
• Giddens v. Dickenson
  60 Fla. 320· Fla.· 1910-06-01 ·cited 2×
  This case concerns whether a contractor can claim a constitutional exemption for money owed to him for personal labor and services in constructing a building, when that money is also subject to claims for materials used in the construction. The court held that such an exemption i
• Purnell v. Reed
  32 Fla. 329· Fla.· 1893-06-01 ·cited 2×
  This Florida Supreme Court case addresses whether a husband without surviving children can devise his homestead property by will when a legal wife survives him. The court held that under the 1885 Florida Constitution, such a devise is permissible, but remains subject to the widow
• Yoandra Mendoza v. Kendall Park Plaza, Ltd.
  429 So. 3d 1082· Fla. 3d DCA· 2026-02-18 ·cited 1×
  Yoandra Mendoza appeals the denial of her motion to intervene in post-judgment execution proceedings involving her homestead property. The court reversed, holding that Mendoza demonstrated a sufficient interest in the property to warrant intervention, particularly given her claim
• Turner v. Jordan
  117 F.4th 1289· 11th Cir.· 2024-09-17 ·cited 1×
  Robert Turner challenged the sale of his Suwannee County homestead property by tax deed for substantially less than the required opening bid amount, claiming constitutional violations through a federal civil rights suit. The Eleventh Circuit Court of Appeals affirmed the district
• Mullins v. Mullins
  274 So. 3d 513· Fla. 5th DCA· 2019-06-07 ·cited 1×
  A homestead determination order does not create new rights or extinguish life estates established by a will; it merely clarifies existing homestead rights. Consents to such an order, without a separate written agreement complying with Florida Statutes section 733.815, do not alte
• Rokosz v. Haccoun
  274 So. 3d 498· Fla. 3d DCA· 2019-06-05 ·cited 1×
  A trial court violates procedural due process when it treats a motion to discharge a lis pendens as a motion for reconsideration without conducting an evidentiary hearing, thereby denying the party a full and fair opportunity to present evidence supporting the homestead exemption
• Hayes v. Norman Harris Servs., Inc.
  198 So. 3d 716· Fla. 2d DCA· 2016-01-29 ·cited 1×
  The court held that the trial court erred in denying the emergency motion to stay execution and vacate levy without considering the homestead objection, which constituted a denial of due process.
• Laurel Kelly v. Spain
  160 So. 3d 78· Fla. 4th DCA· 2015-02-25 ·cited 1×
  A surviving spouse who never filed her own homestead exemption application remained entitled to the tax benefits of her deceased husband's homestead exemption, where both spouses owned the property as tenants by the entireties and she continued residing there as her primary resid
• DiGIORGIO v. DiGIORGIO
  48 So. 3d 968· Fla. 3d DCA· 2010-12-01 ·cited 1×
  The Florida Third District Court of Appeal reversed a trial court's denial of a motion to strike a sheriff's sale, holding that an evidentiary hearing was necessary to determine if the property in question was the husband's homestead and thus exempt from execution.
• DeMAYO v. Chames
  934 So. 2d 548· Fla. 3d DCA· 2006-06-14 ·cited 1×
  DeMayo appeals a judgment granting his former attorneys a charging lien on his homestead property to secure unpaid legal fees. The court holds that DeMayo's attempt to waive his constitutional homestead exemption in his retainer agreement is invalid because homestead protection c
• Wallace v. Wallace
  922 So. 2d 1008· Fla. 1st DCA· 2006-02-06 ·cited 1×
  In a marital dissolution case, the Florida First District Court of Appeal affirmed a trial court's award of a special equity to the wife in the husband's non-marital home based on her contributions to renovation, along with a mortgage lien to secure that interest. The court rejec
• Aristides Pelecanos and Vassiliki Barbatsi v. City OF Hallandale Beach
  914 So. 2d 1044· Fla. 4th DCA· 2005-11-23 ·cited 1×
  The Fourth District Court of Appeal reversed a trial court's imposition of an equitable lien on homestead property, holding that an equitable lien cannot be imposed against homestead property unless funds obtained through fraud or egregious conduct were used to purchase or improv
• Fleming v. United States
  114 F. Supp. 301· M.D. Fla.· 2002-06-12 ·cited 1×
• Williams v. Aloisi
  271 B.R. 676· M.D. Fla.· 2002-01-15 ·cited 1×
  The court affirmed the bankruptcy court's denial of relief from the automatic stay but reversed and remanded the denial of equitable relief against the debtor's home, requiring further findings on the debtor's knowledge of the use of stolen funds.
• Clearman v. Dalton
  708 So. 2d 324· Fla. 5th DCA· 1998-03-27 ·cited 1×
  The assignees of a bankruptcy estate's interest in avoided mortgages cannot foreclose on the debtor's homestead, but they do hold an assignable interest subject to the homestead claim. Filing judgments does not constitute slander of title.
• Thompson v. Hibner
  705 So. 2d 36· Fla. 3d DCA· 1997-11-26 ·cited 1×
  Plaintiffs appealed a summary judgment granting homestead exemption to defendant's property. The court affirmed, holding that even if a separate structure on the property was previously used as a corporate office, the exemption applies because the corporation was inactive and non
• Meadow Groves Mgmt., Inc. v. McKNIGHT
  689 So. 2d 315· Fla. 5th DCA· 1997-01-24 ·cited 1×
  Meadow Groves Management appealed a temporary injunction preventing it from selling a tenant's mobile home for unpaid rent. The court affirmed, holding that The Groves does not qualify under Florida's statutory lien procedure because it is not regularly engaged in the business of
• Patterson v. Fed. Deposit Ins. Corp.
  918 F.2d 540· 5th Cir.· 1990-12-06 ·cited 1×
  12 U.S.C. § 1823(e) does not preclude a borrower from asserting homestead rights under Texas law, even if the deed of trust contains a disclaimer, as long as the claim is not based on a separate agreement intended to deceive the FDIC. The denial of a directed verdict on the comme
• Reya Raheb and Parvin Pahlevanian Raheb v. DiBATTISTO
  513 So. 2d 717· Fla. 3d DCA· 1987-09-22 ·cited 1×
  Florida appellate court affirmed that foreign nationals without permanent resident alien status cannot claim homestead exemption to shield real property from judgment creditors.
• Avila S. Condo. Ass'n, Inc. v. Kappa Corp.
  347 So. 2d 599· Fla.· 1977-03-31 ·cited 1×
  Avila South Condominium Association sued developers over an allegedly unfair recreational lease, challenging various counts and class action authority. The Florida Supreme Court held that fiduciaries in control of condominium associations may be liable for undisclosed self-dealin
• Kirkland v. Kirkland
  253 So. 2d 728· Fla. 3d DCA· 1971-10-26 ·cited 1×
  The court reviewed an order concerning a former husband's claim of homestead exemption on his current residence, which was being levied to satisfy child support arrearages, and the validity of a prior sheriff's sale of his interest in the former marital home.
• Bendl v. Bendl
  246 So. 2d 574· Fla. 3d DCA· 1971-04-13 ·cited 1×
  In this partition suit, the Florida District Court of Appeal held that a surviving spouse's interest in property held as an estate by the entirety is not subject to a judgment lien against the deceased spouse, even if the property was homestead during his lifetime. The court reve
• Graham v. Azar
  204 So. 2d 193· Fla.· 1967-11-15 ·cited 1×
  A judgment for child support is enforceable against the father's homestead property, as constitutional homestead protections do not bar such enforcement.
• Jackson v. A. S. Menick in Bankrutcy of Cecil M. Jackson
  260 F.2d 563· 9th Cir.· 1958-06-19 ·cited 1×
  The court held that a Declaration of Homestead is invalid if it fails to provide a specific description of the property claimed, as required by California statute.
• Hart v. Maas Bros., Inc.
  5 Fla. Supp. 140· Hillsborough Cty. Cir. Ct.· 1953-02-17 ·cited 1×
  Hart challenges a sheriff's sale of her real property executed pursuant to a default judgment obtained against her in small claims court. The court vacates the sale, finding that the small claims court never acquired jurisdiction over Hart because notice was misdirected to a non-
• Jhelum Enters., LLC v. Oceanside Auto. Serv. & Towing, LLC
  Fla. 4th DCA· 2026-03-25
  The Florida Fourth District Court of Appeal held that undrawn funds in a reverse mortgage line of credit are protected by Florida's homestead exemption. The court reasoned that the homeowner's access to these funds is contingent on their request, and until such a request is made,
• Fuller v. Carollo
  S.D. Fla.· 2024-10-23
  The court affirmed the Magistrate Judge's Report and Recommendation, overruling the Plaintiffs' objections and adopting the recommendation to deny the claim of an equitable lien on the Defendant's homestead property.
• Capel v. Pasco Cnty.
  M.D. Fla.· 2024-08-02
  The court held that the Tax Injunction Act bars federal jurisdiction over challenges to state tax assessments when a plain, speedy, and efficient remedy exists in state court, and that the plaintiffs' claims were also frivolous.
• Argonaut Ins. Co. v. Safe Elec., LLC
  M.D. Fla.· 2024-06-26
  The court adopted the magistrate judge's report and recommendation with modifications, denying defendants' motion for relief from judgment and granting in part the plaintiff's motion for civil contempt and sanctions.
• Lilia Belkova v. Deer Run Prop. Owners' Ass'n, Inc.
  Fla. 4th DCA· 2023-08-23
  The appellate court affirmed a lower court's judgment foreclosing a homeowners' association lien. The court held that the county court had jurisdiction to foreclose the lien, that the monetary judgment did not exceed the court's limits, and that the county court could award attor
• Russell v. Hassett
  Fla. 3d DCA· 2023-06-28
  A property appraiser may revoke a homestead exemption for a tax year upon determining the taxpayer did not meet eligibility requirements, and homestead exemption statutes must be strictly construed against the taxpayer. However, revocation of a homestead exemption for one tax yea
• Furst v. Rod Rebholz
  Fla.· 2023-04-06
  A property owner is not entitled to a homestead tax exemption on a portion of property that the owner rents exclusively to a tenant, because that portion is not the owner's residence. The homestead tax exemption applies only to property that the owner or a dependent actually uses
• United States v. Mendez
  M.D. Fla.· 2023-02-13
  The court granted default judgment for unpaid federal income taxes and found a transfer of property to a trust to be fraudulent, allowing collection efforts up to the full judgment amount.
• Welsh v. Martinez
  M.D. Fla.· 2023-01-09
  The court held that sanctions were not warranted against the plaintiff for filing an amended complaint or an emergency motion, as these actions were not objectively frivolous or presented for an improper purpose at this stage.
• Eadie v. Gillis
  Fla. 5th DCA· 2022-11-18
  The trial court abused its discretion by imputing income to Eadie at $80,000 per year when she had never earned more than $65,000 per year, and it erred by imposing a charging lien that attached to her homestead because homestead exemption rights cannot be waived even with consen
• Renda v. Price
  Fla. 4th DCA· 2022-07-27
  The appellate court affirmed most of the trial court's judgment regarding fraudulent transfers and equitable liens but reversed the decision preventing foreclosure on a homestead property purchased with fraudulently obtained funds. This clarifies that homestead protections do not
• Cohen v. Kellogg
  M.D. Fla.· 2021-08-17
  The district court affirmed the bankruptcy court's decision, holding that the motor home qualified as the debtor's exempt homestead.
• Locke v. Whitehead
  Fla. 4th DCA· 2021-04-21
  A contractor appeals a trial court's order vacating a default judgment against homeowners who failed to timely respond to his complaint regarding an improperly filed construction lien. The court reversed, holding that the homeowners failed to establish the requisite elements for