Homestead Exemption

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

• McCall v. Barnett Bank of Columbia Cnty. (In Re McCall)
  69 B.R. 975· M.D. Fla.· 1987-02-13
  Logan McCall acquired real property as a joint tenant with his father in 1979 and received an unrecorded deed transferring his father's interest in 1979, but did not record it until September 2985, five days before a foreclosure sale. Barnett Bank obtained a judgment against Loga
• Chariton Feed & Grain, Inc. v. Kinser
  794 F.2d 1329· 8th Cir.· 1986-07-03
  The dissenting judge would affirm the district court's determination that the new homestead is exempt from judicial sale.
• McCOY v. Harriman Util. Bd. & Thornton Heating & Air Conditioning
  790 F.2d 493· 6th Cir.· 1986-05-12
  The court held that a contractor who merely installs a product financed by a third-party lender, without participating in the loan's negotiation or terms, is not an 'arranger of credit' under TILA, and therefore, any potential mechanic's lien in their favor does not need to be di
• Gibson v. Farmers & Merchs. Bank
  81 B.R. 84· N.D. Fla.· 1986-02-12
  The court held that the bankruptcy court did not err in refusing to marshal the Peacocks' homestead property and in deeming the marshaling issue moot, affirming the bankruptcy court's decision.
• In re Claflin v. Claflin
  761 F.2d 1088· 5th Cir.· 1985-06-03
  The court held that the Houston property was not the debtor's homestead when the creditor's judgment lien was perfected, as the debtor had established a new family homestead in Austin through actual use and occupancy.
• Fitzgerald v. Davis
  729 F.2d 306· 4th Cir.· 1984-03-07
  The court held that the bankruptcy court's orders lacked a sound factual predicate because they did not consider the property's sale price, which is more reliable evidence of value than prior estimates. The case is remanded for reconsideration using the sale price as the fair mar
• 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.
• Roberts v. Cnty. OF Henrico Fed. Credit Union
  709 F.2d 275· 4th Cir.· 1983-06-09
  Husband and wife filing separate bankruptcy petitions can each claim a homestead exemption against property held as tenants by the entireties, provided they act jointly in claiming the exemption.
• Nita C. Bass and Eugene Bass v. Carlson
  419 So. 2d 410· Fla. 2d DCA· 1982-09-17
  The court held that the trial court erred in cancelling deeds and declaring ownership based on an oral agreement, as the agreement was voided by the presumed-dead owner's return and subsequent conveyances.
• State v. Adkinson
  409 So. 2d 53· Fla. 1st DCA· 1982-01-06
  The Florida Department of Revenue appeals a lower court order confirming Walton County's disapproved 1980 assessment roll as final, despite the roll reflecting only 77% of just value. The court reversed, holding that the statutory authorization to confirm an interim roll as final
• Cornette v. Shadybrook Dev. Corp.
  400 So. 2d 567· Fla. 2d DCA· 1981-07-08
  Ronald Cornette appealed from a trial court's denial of his homestead property exemption. The Florida District Court of Appeal reversed, holding that uncontradicted testimony from multiple witnesses, including disinterested neighbors, established that his mother resided with him
• In re McCOY v. Gen. Motors Acceptance Corp.
  643 F.2d 684· 10th Cir.· 1981-03-03
  The court held that the Oklahoma exemption statute for motor vehicles extends only to the bankrupt's equity interest in the vehicle, not the vehicle itself.
• Ariz. Props. Mktg. Co., Inc. v. Allen
  392 So. 2d 1359· Fla. 1st DCA· 1981-01-16
  Arizona Properties Marketing Company sought to levy on the Allens' Florida homestead property to satisfy a general judgment from Arizona. The court held that while the trial court properly recognized the Arizona judgment under full faith and credit, it erred in applying the doctr
• State v. Swinscoe
  376 So. 2d 1· Fla.· 1979-10-04
  The Florida Supreme Court held that documentary stamp tax statutes concerning cooperative apartment ownership could only be applied prospectively, not retroactively to owners who acquired their interests before the statutes' enactment. The Court also reversed the trial court's fi
• Belcher v. Turner
  579 F.2d 73· 10th Cir.· 1978-07-20
  The homestead exemption under Kansas law does not extend to a rented unit of a duplex, even if it is part of the same physical structure as the owner's residence.
• Auritt v. Auritt
  334 So. 2d 68· Fla. 3d DCA· 1976-06-22
  In a dissolution of marriage action, the Florida appellate court reversed the trial court's denial of a venue transfer, holding that proper venue for divorce lies in the county where the marriage last existed as an intact union, not where one spouse unilaterally relocated for emp
• Tedesco v. Scott
  308 So. 2d 54· Fla. 4th DCA· 1975-02-14
• Cohen v. Coral Gables First Nat'l Bank & Willie James Jackson
  266 So. 2d 188· Fla. 3d DCA· 1972-08-01
  Cohen, who purchased property at a sheriff's sale, appeals the trial court's order voiding the sale based on the property's homestead exemption. The appellate court held that while the Civil Court of Record lacked jurisdiction to determine homestead status, it properly denied con
• In re Ernette Mae Browne v. SAN Luis Obispo Nat'l Bank
  462 F.2d 129· 9th Cir.· 1972-03-28
  The court held that the bankruptcy court has jurisdiction to enjoin a sheriff's sale of homestead property when the underlying debt was discharged in bankruptcy and the document purporting to create a lien did not, under California law, establish a valid lien.
• Application of Airport Commuter Serv.
  35 Fla. Supp. 198· Fla. P.S.C.· 1971-06-15
  The Florida Public Service Commission denied an application by Airport Commuter Service for a certificate of public convenience and necessity to operate a passenger shuttle service from Broward County to Miami International Airport. The Commission found the applicants lacked suff
• Mott v. Groves
  428 F.2d 1208· 9th Cir.· 1970-06-24
  The court held that an oral order, supported by a minute entry and of which the bankrupt had notice, is not subject to collateral attack in a separate bankruptcy proceeding, even if it might be a defense in a contempt proceeding.
• Cassel v. Tax Assessor
  33 Fla. Supp. 98· Dade Cty. Cir. Ct.· 1970-02-05
  The court considered a challenge to a 1968 property tax assessment on a residential property, questioning the land value based on its proximity to commercial development.
• Lauril Allis v. Jones
  403 F.2d 707· 8th Cir.· 1968-11-18
  The court held that the trial court erred in misplacing the burden of proof under Arkansas law regarding fraudulent conveyances, and that evidence clearly indicated value in the conveyed properties, entitling the creditor to levy execution.
• The Heil Co. v. Carmine E. Lavieri
  205 So. 2d 21· Fla. 2d DCA· 1967-12-06
  The Heil Company appealed a lower court decision exempting the Tyrone Property from execution to satisfy a judgment against Carmine Lavieri. The court affirmed that the property, consisting of a commercial building with showroom, offices, and garage, with residential quarters abo
• Quigley v. Kennedy & ELY Ins., Inc.
  202 So. 2d 610· Fla. 3d DCA· 1967-09-19
  The court held that a judgment debtor cannot acquire an adjacent tract of land after a judgment is recorded and claim it as exempt homestead property if the acquisition would shield assets from the judgment creditor.
• Harris v. Hoffman
  379 F.2d 413· 8th Cir.· 1967-07-05
  A stay under Lockwood is improper when state law does not recognize the creditor's claimed lien as arising from a waiver or contract, especially when the lien could be avoided under § 67a of the Bankruptcy Act.
• Holmes v. Simpson
  28 Fla. Supp. 159· Duval Cty. Cir. Ct.· 1967-05-05
  Holmes challenged the constitutionality of Florida's preferential tax treatment of intangible personal property, which is taxed at significantly lower rates than real and tangible personal property. The Duval County Circuit Court held that while the classification and disparity a
• 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
• Townsend v. Gray
  181 So. 2d 612· Fla. 1st DCA· 1966-01-11
  Florida property owners challenged the county tax assessor's systematic practice of assessing property at less than 100% of fair market value, arguing it violated constitutional and statutory requirements for uniform and just valuation. The court reversed dismissal and held that
• In re Conny Sjostrom v. Stoner
  338 F.2d 676· 7th Cir.· 1964-11-25
  The court held that the bankrupt's express waiver of homestead in the conveyance to the trustee extinguished the homestead estate, and the subsequent proceeds from the trustee's sale were not eligible for a homestead exemption.
• Wikle v. Chohon
  337 F.2d 45· 9th Cir.· 1964-08-26
• State v. McNAYR
  23 Fla. Supp. 95· Dade Cty. Cir. Ct.· 1964-08-10
  The State of Florida, ex rel. Dupont Plaza Center, Inc., sought mandamus relief to compel Dade County tax officials to assess property at 100% of just valuation instead of 50%, which the court found was unconstitutional and discriminatory. The court granted a peremptory writ of m
• McNAYR v. State
  166 So. 2d 142· Fla.· 1964-07-01
  The Florida Supreme Court affirmed a trial court's issuance of a peremptory writ of mandamus requiring Dade County's taxing authorities to complete the 1964 tax roll at 100% of just valuation rather than 50%, holding that tax assessors lack discretion to apply an assessment level
• Porter v. Childers
  162 So. 2d 301· Fla. 3d DCA· 1964-03-31
  Porter v. Childers addresses whether an attempt by a widower to convert homestead property (originally held with his first wife) into an estate by the entireties with his second wife was valid. The court held that the homestead character was revived upon the widower's remarriage
• Helfand v. Maskin
  21 Fla. Supp. 50· Dade Cty. Cir. Ct.· 1963-03-25
  A cooperative apartment, held via stock and lease, is not subject to homestead claims by a surviving spouse if acquired by an unmarried man and his sister with remainder to the sister.
• Juarrero v. TAX Assessor
  20 Fla. Supp. 187· Dade Cty. Cir. Ct.· 1962-12-17
  Cuban refugee temporary residents of Dade County cannot qualify for homestead tax exemption because they cannot in good faith make the county their permanent home, as 'temporary' and 'permanent' are antonymous.
• MAY v. Fid. & Deposit Co. of Md.
  313 F.2d 23· 10th Cir.· 1962-12-07
  The court held that the bankruptcy court correctly deferred to state courts to determine the validity of a homestead exemption waiver and the right to an in personam judgment, and that the referee had discretion to withhold discharge pending this determination.
• Judd v. Schooley
  19 Fla. Supp. 86· Lee Cty. Cir. Ct.· 1962-02-06
  A wife is entitled to homestead exemption on property she occupies as her permanent home, even if her husband claims a domicile elsewhere.
• Myron W. Curzon v. Dulgarian
  287 F.2d 30· 9th Cir.· 1961-01-18
  The court held that the homestead declaration's estimate of value was sufficient to comply with statutory requirements.
• I. H. Kent Co. & First Nat'l Bank of Nev. v. Harry A. Busscher in Bankruptcy of the Estate of Boyce H. Miller
  277 F.2d 901· 9th Cir.· 1960-03-21
  The court held that a trust deed attempting to assign a bankrupt's homestead rights to a creditor is void as a preferential transfer, as homestead rights are personal and require activation by the owner.
• Padrick Props., Inc. v. Miami Herald Publ'g Co.
  15 Fla. Supp. 183· St. Lucie Cty. Cir. Ct.· 1959-12-08
  This case involves a landlord, Padrick Properties, accused of using a scheme involving sales agreements and quit-claim deeds to evade property taxes by having tenants apply for homestead exemptions. The court found the newspaper's publication about this alleged tax dodge to be a
• Blagg v. Irving I. Bass in Bankruptcy of the Estate of Lewis F. Blagg
  261 F.2d 631· 9th Cir.· 1958-12-11
  A homestead declaration containing surplusage stating the declarant is the head of a family, when he is not, is still valid for the lesser exemption amount if it contains all essential recitals for that lesser exemption.
• Perry v. Beckerman
  106 So. 2d 185· Fla.· 1958-10-10
  On remand from an earlier appellate decision, the Florida Supreme Court addresses the proper scope of the Perrys' homestead exemption and the distribution of receiver funds. The court clarifies that the entire parcel of land constitutes the Perrys' homestead and business house, i
• Padrick v. Poppell
  14 Fla. Supp. 13· St. Lucie Cty. Cir. Ct.· 1958-03-20
  The court held that temporary absence and rental of a property do not negate homestead exemption if there is no intention to abandon it as a permanent home.
• Towers v. Curry
  247 F.2d 738· 9th Cir.· 1957-07-29
  The court held that an amended homestead declaration filed without abandoning the original is invalid, and the exemption amount is determined by the law in effect when the debts were incurred.
• 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
• Buckels v. Tomer
  78 So. 2d 861· Fla.· 1955-03-24
  The Florida Supreme Court upheld a trial court's decision that rural property owned by a homeowner, including platted subdivision lots separated by streets, constitutes a single contiguous homestead exempt from forced sale to satisfy a judgment. The court held that platting and s
• Lewis v. Moore
  199 F.2d 745· 10th Cir.· 1952-10-22
  The time during which the United States held title to the lots in trust for an Indian owner cannot be included when computing the period of limitation under Oklahoma statutes.
• State ex rel. Scott v. Sparkman
  1 Fla. Supp. 210· Hillsborough Cty. Cir. Ct.· 1952-03-03
  The Act requiring a one-year residency for homestead tax exemption is unconstitutional because it improperly narrows the scope of the constitutional amendment and exceeds the legislature's power to regulate the manner of establishing the right to exemption.
• 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