Homestead Exemption

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

• Crowder v. Philips
  146 Fla. 428· Fla.· 1941-01-10 ·cited 44×
  In this constitutional case involving a newly created hospital tax district, the Florida Supreme Court held that homestead properties are exempt from the general ad valorem taxes imposed by the district because such taxes are not 'assessments for special benefits' under the state
• In re Reed v. Reed
  700 F.2d 986· 5th Cir.· 1983-03-21 ·cited 43×
  A debtor who converts nonexempt assets to exempt property before bankruptcy with actual intent to defraud creditors must be denied a discharge, even if the conversion itself is permissible under state law for exemption purposes.
• Cosen Inv. Co., Inc. v. Overstreet
  154 Fla. 416· Fla.· 1944-05-09 ·cited 43×
  Cosen Investment Company challenged its property tax assessment in Dade County, arguing that its property was assessed at full cash value while similar nearby properties were assessed at only 75% of cash value, violating equal protection principles. The Florida Supreme Court affi
• Nelly Saffran v. Adler
  152 Fla. 405· Fla.· 1943-02-19 ·cited 43×
  A judgment creditor sought to collect a $2,500 judgment against a defendant in an automobile accident case by executing on property claimed to be the defendant's homestead. The circuit court held the property exempt as homestead and the creditor sought review by certiorari, but t
• Cooke v. Avery
  147 U.S. 375· U.S.· 1893-01-23 ·cited 42×
  A federal circuit court judgment in a Texas land dispute turned on whether a judgment lien on real estate was valid under federal law or state law, and whether defendants who claimed title through a deed could recover for improvements made in good faith. The Supreme Court held th
• Mrs. Matilda Sonneman v. Tuszynski
  139 Fla. 824· Fla.· 1939-07-25 ·cited 41×
  Matilda Sonneman, an elderly German immigrant, sought compensation for money she advanced and domestic services she performed for William Tuszynski over approximately a decade, based on his alleged promise to support her for life. The Florida Supreme Court held that she had an eq
• Neva S. Norman v. Cora Tanner Kannon
  133 Fla. 710· Fla.· 1938-07-29 ·cited 41×
  The Florida Supreme Court upheld orders in an estate administration case where beneficiaries challenged the executrix-trustee's management and sought to cancel deeds conveying the testator's homestead property. The court held that a homestead cannot be effectively conveyed withou
• Raulerson v. Peebles
  77 Fla. 207· Fla.· 1919-02-21 ·cited 41×
  This case concerns whether a homestead property, after the owner's death, can be sold to pay his debts. The court held that a homestead is exempt from creditors' claims even after the owner's death and passes to the heirs free from such debts.
• Doing v. Riley
  176 F.2d 449· 5th Cir.· 1949-07-22 ·cited 40×
  The court held that while no estate by the entireties was created in the hotel furnishings or real estate, and the husband had no right to elect against the will, equity should impose a constructive trust on the joint adventure property to reflect the parties' contributions and p
• State v. Port of Palm Beach Dist.
  121 Fla. 746· Fla.· 1935-11-26 ·cited 40×
  In this mandamus action, Florida's Supreme Court held that a 1934 constitutional amendment exempting homesteads valued under $5,000 from taxation cannot be applied to eliminate taxation of such homesteads for debt service on bonds issued before the amendment's adoption, as doing
• Anderson Mild & Lumber Co. v. Clements
  101 Fla. 523· Fla.· 1931-05-07 ·cited 40×
  Anderson Mild and Lumber Company sought to enforce a material man's lien against real property owned by the Clements. The Florida Supreme Court held that while the lien was timely filed and the suit was brought within the statutory period, the lien could not be enforced against t
• Godwin v. King
  31 Fla. 525· Fla.· 1893-01-01 ·cited 40×
  The Florida Supreme Court holds that a widow's statutory right to dower in her deceased husband's homestead real estate and her statutory share of exempt personal property are not eliminated by constitutional homestead exemptions, even under the revised 1885 Constitution. The cou
• Rawlins v. The Dade Lumber Co.
  80 Fla. 398· Fla.· 1920-06-23 ·cited 39×
  Minnie G. Rawlins appeals the dissolution of an injunction against execution on her homestead property. The Florida Supreme Court held that a husband's conveyance of homestead property to his wife during divorce proceedings, followed by a clarifying instrument, vested the wife wi
• Perry v. Beckerman
  97 So. 2d 860· Fla.· 1957-10-18 ·cited 38×
  In this homestead exemption case, the Florida Supreme Court held that although a promissory note evidencing a construction contract was valid and not usurious, the resulting judgment could not be enforced against the Perrys' homestead because it was based on a loan of money rathe
• Wilson v. Phœbe Fridenberg
  21 Fla. 386· Fla.· 1885-01-01 ·cited 38×
  Emily R. Wilson, as executrix of Converse Parkhurst's estate, sought to foreclose a mortgage on two Jacksonville lots and claimed various alternative remedies. The Florida Supreme Court held that the mortgage was void as to both lots because one was homestead property exempt from
• Drucker v. Rosenstein
  19 Fla. 191· Fla.· 1882-06-01 ·cited 38×
  The Florida Supreme Court held that an unoccupied lot cannot qualify as a homestead exempt from forced sale merely because the owner intends to build a house on it and has filed a homestead declaration. Actual occupancy or substantial preparations demonstrating immediate occupanc
• Mattair v. Card
  19 Fla. 455· Fla.· 1882-06-01 ·cited 38×
  Mattairs appealed a foreclosure decree and filed a bill to set it aside, alleging fraud, intoxication, homestead violations, and defective mortgage language. The Florida Supreme Court affirmed dismissal of the bill, holding that all defenses should have been raised in the origina
• Wilson v. Phœbe Fridenburg
  19 Fla. 461· Fla.· 1882-06-01 ·cited 38×
  The Florida Supreme Court reversed a lower court decision overruling pleas to a mortgage foreclosure action, holding that a homestead property cannot be mortgaged by an executrix under testamentary powers, and that minor heirs are necessary parties to any suit affecting homestead
• Owen v. Owen (In Re Owen)
  86 B.R. 691· M.D. Fla.· 1988-06-07 ·cited 37×
  A judicial lien that attached to property prior to the debtor acquiring that interest is not avoidable under 11 U.S.C. § 522(f)(1) because the debtor did not acquire an unencumbered interest at the time of acquisition.
• Dade Cnty. Taxing Authorities v. Cedars OF Lebanon Hosp. Corp., Inc.
  355 So. 2d 1202· Fla.· 1978-02-16 ·cited 37×
  The Florida Supreme Court answered a certified question from the Fifth Circuit regarding whether a newly constructed hospital facility designed and restricted to hospital use but not yet in actual operation on the assessment date qualifies for ad valorem tax exemption. The court
• Sherbill v. Miller Mfg. Co., Inc.
  89 So. 2d 28· Fla.· 1956-07-27 ·cited 37×
  The Florida Supreme Court held that a waiver of homestead exemption in a promissory note is unenforceable as contrary to Florida's public policy, and that the homestead character of property cannot be conclusively determined through res adjudicata principles when the defendant fa
• Fla. Nat. Bank Tr. Co. v. Brown
  47 So. 2d 748· Fla.· 1949-07-29 ·cited 37×
  The Florida Supreme Court affirmed a lower court decision denying foreclosure on a mortgage given by a mother to her daughter for past services rendered. The court held that services rendered without a pre-existing agreement for compensation do not constitute valuable considerati
• Newman v. The Equitable Life Assurance Soc'y of the United States
  119 Fla. 641· Fla.· 1935-04-04 ·cited 37×
  The Florida Supreme Court upheld the validity of a mortgage executed by husband and wife on property held as an estate by the entireties, holding that the statutory procedure for acknowledgment by a married woman constitutes an adequate substitute for the common law procedures of
• Beck v. Wylie
  60 So. 2d 190· Fla.· 1952-08-08 ·cited 36×
  The Florida Supreme Court reversed a lower court's decision, holding that a daughter's departure from her mother's home did not automatically disqualify the home from homestead status. The court emphasized that the mother, despite the daughter's conduct, remained the head of the
• Morgan v. Mira F. Bailey
  90 Fla. 47· Fla.· 1925-06-18 ·cited 36×
  A Florida Supreme Court decision holding that a homestead property is not reduced in area merely because it is subsequently incorporated into a city or town, and that a testator cannot make testamentary disposition of homestead property when a widow or child survives. The court r
• Murphy v. Farquhar
  39 Fla. 350· Fla.· 1897-01-01 ·cited 36×
  The Farquhars sought to enforce homestead rights in property after it was sold under a judgment creditor's execution and subsequently sold at a commissioner's sale. The Florida Supreme Court reversed, holding that the Farquhars had abandoned the property as a homestead by relocat
• Debby Elzea v. Nat'l Bank OF Ga.
  570 F.2d 1248· 5th Cir.· 1978-04-07 ·cited 34×
  The assignment of a debtor's homestead exemption constitutes a security interest that must be disclosed under Regulation Z, and the bank's disclosure was adequate.
• Olesky v. Nicholas
  82 So. 2d 510· Fla.· 1955-09-16 ·cited 34×
  The Florida Supreme Court affirmed a lower court decision exempting the deceased parents' homestead property from judgment liens obtained by creditors on malicious prosecution claims. The court held that homestead exemptions apply broadly to protect against all judgment liens exc
• Denham v. Sexton
  48 So. 2d 416· Fla.· 1950-11-03 ·cited 34×
  The Florida Supreme Court affirmed a lower court's dismissal of a suit seeking to cancel deeds. The court held that deeds given by a husband and wife for property held as tenants by the entireties, even if occupied as a homestead, are valid and cannot be challenged by a subsequen
• City of Fort Myers v. State
  129 Fla. 166· Fla.· 1937-06-03 ·cited 34×
  The court reviewed a city's attempt to validate refunding bonds. The court held that issuing refunding bonds with an unlimited tax to replace original bonds secured by a limited tax requires a vote of the freeholders, and such an enhancement of the contract is unconstitutional wi
• Whidden v. Vastia Abbott
  124 Fla. 293· Fla.· 1936-05-14 ·cited 34×
  The Florida Supreme Court held that a property did not qualify as a homestead exempt from execution because, although a son and his family moved in with the elderly father after the mother's death, the father never assumed actual responsibility as head of the household. The court
• Arthur Y. Milam & the First Nat'l Bank of Tampa v. Davis
  97 Fla. 916· Fla.· 1929-05-28 ·cited 34×
  D. P. Davis executed a will before marrying, bequeathing the residue of his estate including life insurance proceeds to trustees for his minor children. Davis later married and died in 1926. The Florida Supreme Court held that while the testator could bequeath life insurance proc
• Advisory Opinion to the Attorney General re Additional Homestead Tax Exemption
  880 So. 2d 646· Fla.· 2004-07-15 ·cited 33×
  The Florida Supreme Court considered an advisory opinion on a proposed constitutional amendment that would provide an additional $25,000 homestead exemption. The Court upheld the amendment as satisfying the single-subject requirement but struck it from the ballot because the ball
• Madison Cnty. v. Wiley D. Foxx and Quinton Dryden
  636 So. 2d 39· Fla. 1st DCA· 1994-02-09 ·cited 33×
  Madison County appeals a summary judgment invalidating its 1989 and 1990 special assessment ordinances for garbage collection, landfill closure, ambulance service, and fire protection. The court affirmed the trial court's judgment that the ordinances were null and void for failur
• Lee v. The Bradley Fertilizer Co.
  44 Fla. 787· Fla.· 1902-06-01 ·cited 33×
  The Florida Supreme Court reversed a lower court decree that denied homestead exemptions to two partners whose partnership property had been divided into individual ownership. The court held that partners acting in good faith may sever their joint partnership interests and claim
• In re Amendments TO THE Fla. Rules OF Civil Procedure. In re Amendments to The Fla. Rules of Civil Procedure-Form 1.996 (Final Judgment of Foreclosure)
  44 So. 3d 555· Fla.· 2010-06-03 ·cited 32×
  The Florida Supreme Court adopted amendments to Florida Rules of Civil Procedure and related forms to address the residential mortgage foreclosure backlog. The Court approved the Task Force's proposed amendments requiring verification of mortgage foreclosure complaints, new stand
• Claude v. Pitts, Jr.
  561 So. 2d 297· Fla. 2d DCA· 1990-01-05 ·cited 32×
  Claude Pitts borrowed money from neighbors the Pastores and gave them a mortgage on his homestead property without his wife joining the mortgage. After the property's homestead status ended through divorce, the Pastores foreclosed. The court affirmed the foreclosure but reversed
• McEwen v. Larson
  136 Fla. 1· Fla.· 1939-01-20 ·cited 32×
  This case addresses the validity of conveyances and a mortgage on property that included both a homestead and rental apartment buildings in Orlando, Florida. The Florida Supreme Court held that the owner abandoned homestead exemption rights in the portion used for rental purposes
• Read v. Leitner
  80 Fla. 574· Fla.· 1920-10-19 ·cited 32×
  This case concerns whether a homestead property remains exempt from forced sale when the owner temporarily resides elsewhere for business and education. The court held that the property retained its homestead exemption because the owner never intended to permanently abandon it as
• Armour & Co. v. Hulvey
  73 Fla. 294· Fla.· 1917-02-08 ·cited 32×
  A creditor sought to force a sale of property designated as a homestead to satisfy judgments against the owner, who operated a military school on the land. The Florida Supreme Court upheld the homestead exemption, holding that a homesteader may conduct a business on the land and
• Claflin & Thayer v. Ambrose
  37 Fla. 78· Fla.· 1896-01-01 ·cited 32×
  The Florida Supreme Court reversed a lower court decree that upheld several conveyances of property made by Hardee Raulerson to his wife Sarah E. Raulerson, finding that these transfers were fraudulent as to the partnership's creditors because they were made with partnership fund
• Barco v. A. M. Fennell and Wife
  24 Fla. 378· Fla.· 1888-06-01 ·cited 32×
  In this ejectment action brought by the heirs of Alfred T. Barco against his widow and her second husband to recover lands, the Florida Supreme Court reversed the lower court's judgment, holding that the special plea of administration was defective because it failed to allege tha
• C. D. Clark as Sheriff of Calhoun Cnty. v. Cox
  80 Fla. 63· Fla.· 1920-06-12 ·cited 31×
  This case concerns whether a conveyance of a 100-foot strip for a railroad right-of-way across a homestead destroys the contiguity required for homestead exemption. The court held that under the specific facts, the conveyance did not destroy the homestead character of the land on
• The First Nat'l Bank of Fla. v. Ashmead
  23 Fla. 379· Fla.· 1887-06-01 ·cited 31×
  The Florida Supreme Court held that an absolute deed of conveyance executed by a husband and wife to secure a debt on homestead property constitutes a valid mortgage, despite lacking the formal characteristics of a traditional mortgage instrument. The court established that parol
• Gepfrich v. Gepfrich
  582 So. 2d 743· Fla. 4th DCA· 1991-07-10 ·cited 30×
  An equitable lien may be imposed against homestead property when fraud or reprehensible conduct is involved, and the trial court has discretion in choosing the method of enforcing that lien.
• Berger v. Jacquie R. Berger
  559 So. 2d 737· Fla. 5th DCA· 1990-04-19 ·cited 30×
  Howard Berger appeals a modification order and the trial court's determination of credits upon the sale of the former marital residence. The appellate court reverses in part, finding that the trial court erred in calculating child support retroactivity, imposing contempt sanction
• Mrs. v. N. (Minnie Belle) Vandiver
  139 So. 2d 704· Fla. 2d DCA· 1962-03-28 ·cited 30×
  A homestead exemption dispute where a divorced mother claimed her home as exempt from execution, and the court reversed a summary decree against her, holding that she qualified as head of family entitled to homestead protection, and further held that the underlying judgment itsel
• State v. Bd. OF Cnty. Comm'rs OF Broward Cnty.
  160 Fla. 900· Fla.· 1948-10-22 ·cited 30×
  Kent Corporation sought mandamus to compel Broward County's Tax Assessor to evaluate property at full cash value rather than at substantially reduced values. The Florida Supreme Court affirmed the lower court's judgment, holding that mandamus is not an appropriate remedy to compe
• State v. Boring
  121 Fla. 781· Fla.· 1935-11-27 ·cited 30×
  The Florida Supreme Court held that homestead lands cannot be exempt from taxation for debt service on bonds issued before the 1934 Homestead Tax Exemption Amendment, as the federal Contracts Clause prohibits states from impairing the obligations of prior bond contracts through c
• The First Nat'l Bank of Chipley v. Peel
  107 Fla. 413· Fla.· 1932-12-15 ·cited 30×
  The First National Bank sought to execute a judgment against C. E. Peel by subjecting two tracts of land to forced sale, claiming Peel held them free of homestead protection. The Florida Supreme Court held that a judgment lien attaches to real property before homestead status is