-
15th Cir. Ct. App. Div.·
2020-11-30
First Empire Restorations appeals a summary judgment in favor of Avatar Property & Casualty Insurance Company, which refused to honor an Assignment of Benefits (AOB) from a homeowner. The appellate court reversed, holding that the Fifth District Court of Appeal's decision in Spee
-
M.D. Fla.·
2020-11-19
The court held that defendants were not entitled to a jury trial in proceedings supplementary to enforce a judgment, as the claims involved equitable remedies under the Uniform Fraudulent Transfers Act.
-
Fla. 3d DCA·
2020-11-04
A trial court must conduct a hearing as required by Florida Statute § 77.041(3) to determine the validity of a sworn claim of exemption from garnishment before granting or denying the claim.
-
M.D. Fla.·
2020-09-23
The court held that the defendant demonstrated by a preponderance of the evidence that the amount in controversy exceeded $75,000 at the time of removal and that the parties were diverse.
-
S.D. Fla.·
2020-07-10
The district court granted the motion to dismiss, finding that the Tax Injunction Act divested it of subject matter jurisdiction because the plaintiff's request for a declaration that a tax lien was unenforceable would effectively enjoin the collection of state taxes.
-
M.D. Fla.·
2019-12-19
A judgment creditor can initiate proceedings supplementary to execute on a judgment, including filing a supplemental complaint to pursue fraudulent transfers and impleading third parties, provided statutory prerequisites are met.
-
M.D. Fla.·
2019-10-23
The court held that principles of comity warrant abstention, requiring dismissal of the federal action without prejudice.
-
Fla. 2d DCA·
2019-09-13
A property appraiser may properly record a tax lien and revoke a homestead tax exemption when a taxpayer simultaneously claims homestead exemptions in multiple states in violation of section 196.031(5), Florida Statutes.
-
271 So. 3d 1181·
Fla. 3d DCA·
2019-04-24
A trial court abuses its discretion when it imposes an equitable lien on homestead property without competent, substantial evidence of fraudulent or egregious conduct by the party benefiting from the homestead protection. On remand, if the trial court reconsiders the equitable li
-
Fla. 5th DCA·
2018-08-06
A junior mortgagee who pays off an entire senior mortgage debt is entitled to equitable subrogation to all rights of the senior mortgagee, including the right to foreclose on the entire mortgaged property, provided the five elements of equitable subrogation are met and the doctri
-
255 So. 3d 879·
Fla. 2d DCA·
2018-02-09
Homestead exemption under the Florida Constitution requires that the property owner be a natural person, and residence on property owned by a corporation does not entitle a resident to claim homestead protection absent an ownership or beneficial interest in the property.
-
188 So. 3d 40·
Fla. 4th DCA·
2016-03-09
The court held that the trial court erred in limiting the homestead exemption to $54,000 without sufficient competent substantial evidence of the debtor's intent to reinvest only that amount.
-
161 So. 3d 559·
Fla. 2d DCA·
2014-10-24
Anthony Felice appeals a trial court order imposing a charging lien on his homestead property to secure attorney's fees in his dissolution of marriage case. The court reverses the portion of the order imposing the lien on the homestead property, following Florida Supreme Court pr
-
55 So. 3d 666·
Fla. 2d DCA·
2011-02-18
Ernest D. Bennett challenged the dismissal of his lawsuit against the Pasco County Property Appraiser regarding a denied homestead exemption. The court reversed the dismissal, holding that the property appraiser failed to meet his burden of proving lack of subject matter jurisdic
-
46 So. 3d 1156·
Fla. 2d DCA·
2010-11-03
A life estate interest in a condominium, which terminates upon the holder's death, is not homestead property protected from creditors.
-
10 So. 3d 1103·
Fla. 4th DCA·
2009-03-25
Republic Credit Corporation appeals a trial court judgment that protected the Upshaws' sale proceeds from a California home as tenancy by the entireties property exempt from creditor attachment. The appellate court reverses, holding that because California does not recognize tena
-
398 B.R. 355·
S.D. Fla.·
2008-12-05
A debtor is entitled to a personal property exemption under Fla. Stat. § 222.25(4) if they do not claim or receive the benefits of a homestead exemption, even if they previously owned homestead property, as long as they have abandoned it and do not receive protection from executi
-
994 So. 2d 492·
Fla. 3d DCA·
2008-11-12
A property appraiser appealed a trial court's grant of homestead exemption to a homeowner who placed his residence in a trust and later transferred it to heirs while retaining a 99-year lease. The court affirmed, holding that under Florida's plain language statutes, a lessee with
-
962 So. 2d 357·
Fla. 3d DCA·
2007-07-18
-
949 So. 2d 1108·
Fla. 3d DCA·
2007-02-14
A former wife appeals a trial court's refusal to award her attorneys' fees from the proceeds of the marital home sale. The appellate court reverses, holding that attorneys' fees incurred as a direct result of the former husband's reprehensible and contemptuous conduct may be impo
-
15th Cir. Ct. App. Div.·
2005-11-30
Defendant Cora Mallard appealed a foreclosure judgment on a lien that had been recorded against her homestead property. The appellate court reversed, finding that the lien had expired before judgment was entered and that the property's homestead status protected it from foreclosu
-
Del.·
2005-11-17
The Delaware Supreme Court affirmed the Court of Chancery's judgment, holding that the former officer was entitled to advancement of legal fees and expenses under the corporation's mandatory advancement bylaw. The court found that the "by reason of the fact" requirement was met,
-
901 So. 2d 182·
Fla. 4th DCA·
2005-03-23
The Andreses appealed a foreclosure judgment entered by their homeowners' association seeking to enforce an attorneys' fees judgment arising from a dispute over a flagpole. The court reversed, holding that Florida's homestead exemption prevents forced sale of homestead property f
-
876 So. 2d 606·
Fla. 3d DCA·
2004-06-09
General R.A.C., Inc., a judgment creditor, sought to garnish a $10,000 buyer's deposit held in escrow by Coldwell Banker during the sale of homestead property. The court affirmed the trial court's denial of garnishment, holding that escrowed deposits in real estate transactions r
-
858 So. 2d 1070·
Fla. 5th DCA·
2003-08-29
The court affirmed the trial court's denial of homestead exemptions to the Hunters for failing to establish entitlement, but remanded for rulings on two specific properties that were not definitively addressed.
-
289 B.R. 240·
S.D. Fla.·
2002-11-22
The court held that a debtor's homestead exemption in proceeds from the sale of property exceeding the statutory acreage limit is calculated based on the net proceeds after payment of excluded liens, not the gross sales price.
-
790 So. 2d 1280·
Fla. 4th DCA·
2001-08-15
This case involves an appeal from a summary judgment allowing the foreclosure of an equitable lien on a former marital home to satisfy alimony arrearages. The appellate court reversed the summary judgment, finding insufficient evidence to overcome the homestead exemption and that
-
784 So. 2d 493·
Fla. 4th DCA·
2001-03-28
Florida appellate court affirmed that a homestead exemption may be claimed on property transferred to a qualified personal residence trust where the settlor retains a right to reside for a term of years, even without holding a life estate.
-
782 So. 2d 443·
Fla. 4th DCA·
2001-03-07
A trial court may award a special equity lien against a party's homestead property, even if it subjects the property to a forced sale, to secure an ownership interest.
-
774 So. 2d 879·
Fla. 4th DCA·
2001-01-03
The Fourth District Court of Appeal reversed a trial court's determination that real estate with a permanently affixed mobile home was not homestead property. The court held that a mobile home permanently affixed to owned real property qualifies as homestead under the Florida Con
-
745 So. 2d 467·
Fla. 4th DCA·
1999-11-17
-
291 B.R. 557·
M.D. Fla.·
1999-06-22
The court held that settlement proceeds from property damage to homesteaded farm lands constitute security for mortgage liens, and the FSA is entitled to an equitable lien on these proceeds.
-
699 So. 2d 863·
Fla. 5th DCA·
1997-10-03
The court held that the state cannot offset a debtor's pre-existing obligation against a refund that would otherwise be protected by the homestead exemption.
-
689 So. 2d 1167·
Fla. 4th DCA·
1997-03-05
In this marriage dissolution case, a New York court ordered the sale of a Florida condominium and equal division of proceeds. The former wife moved to Florida and claimed homestead exemption to avoid the New York court's asset allocation. The Fourth District Court of Appeal affir
-
629 So. 2d 1103·
Fla. 4th DCA·
1994-01-19
A cooperative association cannot foreclose on a unit for unpaid attorney's fees incurred due to a rule violation, as neither the bylaws nor the relevant statute authorize such a lien.
-
627 So. 2d 1348·
Fla. 4th DCA·
1993-12-29
-
999 F.2d 1405·
9th Cir.·
1993-07-26
A debtor cannot avoid a lien under 11 U.S.C. § 522(f)(1) if the debtor did not possess the interest in the property to which the lien attached before the lien fixed.
-
994 F.2d 706·
9th Cir.·
1993-06-02
The court held that the payment of a partially time-barred debt can still constitute 'reasonably equivalent value' under California's Uniform Fraudulent Transfer Act, preserving prior case law.
-
987 F.2d 675·
10th Cir.·
1993-03-03
The court held that the debtor was entitled to claim the homestead exemption for a residence she solely owned, even though her husband had moved out of state.
-
974 F.2d 990·
8th Cir.·
1992-09-09
A debtor may avoid the fixing of a judicial lien under § 522(f) only if the debtor possessed the property interest before the lien attached; however, a lien reinstated due to fraud is treated as the original lien for avoidance purposes, but any enhancement to the lien amount beyo
-
966 F.2d 973·
5th Cir.·
1992-07-21
The Smiths are estopped from asserting the invalidity of the mechanic's lien on their homestead because they represented it as valid, inducing the FDIC and its assignee (the Bank) to invest funds. The denial of attorney's fees was error, requiring remand.
-
594 So. 2d 355·
Fla. 3d DCA·
1992-03-10
A taxpayer appealed the denial of a homestead exemption for a condominium unit she occupied year-round, in violation of local zoning laws and the condominium's restrictive covenants limiting use to transient vacation residences. The court affirmed the denial, holding that propert
-
938 F.2d 1073·
10th Cir.·
1991-07-05
The court held that the debtor's pre-bankruptcy conversion of non-exempt assets to pay down her homestead mortgage, without more, did not constitute fraud sufficient to deny her homestead exemption or discharge of debts.
-
929 F.2d 385·
8th Cir.·
1991-03-28
The court held that a creditor's objection to a homestead exemption was untimely because the creditor received actual notice of the amended exemption schedules from the bankruptcy trustee, even though the debtor did not directly provide notice.
-
894 F.2d 771·
5th Cir.·
1990-02-22
A law firm does not owe a tort-based duty to a bankruptcy court to inform it of a potentially unscheduled asset when it has no prior relationship with the court or trustee, and the award of attorney's fees requires reevaluation due to the uncertain collectability of the underlyin
-
885 F.2d 327·
6th Cir.·
1989-09-19
A debtor cannot avoid a judicial lien under 11 U.S.C. § 522(f) if the state's homestead exemption, as defined by Ohio law, is only impaired by an execution, garnishment, attachment, or judicial sale, and no such action is pending.
-
533 So. 2d 1183·
Fla. 2d DCA·
1988-11-16
The court held that a $100,000 fine assessed as a separate penalty and a provision stating damages are not subject to homestead exemption should be stricken from the final judgment.
-
529 So. 2d 360·
Fla. 2d DCA·
1988-08-10
Ad valorem taxation of a mobile home is proper when it is permanently affixed to land owned by the mobile home owner, and special tax assessments are not affected by the homestead exemption.
-
88 B.R. 406·
S.D. Fla.·
1988-07-27
The court held that a leased portion of a debtor's rural property, used exclusively by a tenant for business purposes, is not entitled to the homestead exemption because it does not serve the debtor's residence or livelihood.
-
685 F. Supp. 842·
M.D. Fla.·
1988-04-12
Federal tax liens are superior to state-law liens and the conveyance of property was a fraudulent conveyance voidable by the government.