Homestead Exemption

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

• Beula C. Walker v. Redding
  40 Fla. 124· Fla.· 1898-01-01 ·cited 22×
  In this equity case, minor heirs of a deceased landowner challenged a mortgage foreclosure decree rendered against their father's executor. The Florida Supreme Court reversed the lower court's dismissal, holding that minors cannot be bound by a decree to which they were not parti
• Scull v. Beatty
  27 Fla. 426· Fla.· 1891-01-01 ·cited 22×
  William E. Scull, a resident stepson and legatee under James Beatty's will, appealed the dismissal of his petition to intervene in a foreclosure suit, seeking payment of a $1,000 legacy from the surplus proceeds of the foreclosed homestead. The Florida Supreme Court affirmed the
• Osborne v. Dumoulin
  55 So. 3d 577· Fla.· 2011-02-03 ·cited 21×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding the interpretation of section 222.25(4), Florida Statutes, which provides a $4,000 personal property exemption for debtors who do not claim or receive the benefits of the constitutional ho
• State v. Henderson
  137 Fla. 666· Fla.· 1939-04-21 ·cited 21×
  The Florida Supreme Court held that school district taxes authorized under Article XII, Section 10 of the Florida Constitution are general ad valorem taxes supporting a uniform statewide public school system, not special assessments for benefits, and therefore homesteads exempted
• Sneed v. Coma E. Davis
  135 Fla. 271· Fla.· 1938-12-07 ·cited 21×
  This case addresses whether stock transfers made by a debtor to his family members constitute fraud on creditors when the property transferred is exempt under Florida's homestead exemption. The Florida Supreme Court held that exempt property cannot be fraudulently conveyed becaus
• State v. City of W. Palm Beach
  127 Fla. 849· Fla.· 1937-01-11 ·cited 21×
  The Florida Supreme Court upheld the City of West Palm Beach's validation of refunding and funding bonds to address its substantial debt obligations, but reversed the lower court's decision insofar as it validated provisions that would pledge tax revenues from homesteads exempt u
• Phyllis M. LAW v. Robert R. LAW
  738 So. 2d 522· Fla. 4th DCA· 1999-08-18 ·cited 20×
  Robert Law inherited his mother's home in Davie while living separately from his wife in a home they owned together in Hollywood. The court held that Robert could claim the inherited Davie home as his homestead exempt from execution, even though he and his wife maintained a homes
• In re Dembs v. Dembs
  757 F.2d 777· 6th Cir.· 1985-03-22 ·cited 20×
  The court held that a creditor cannot pursue exempted property after the debtor's discharge, as the discharge date itself served as the operative time limit for objections in the absence of specific rules or orders.
• Rhodes v. Stewart
  705 F.2d 159· 6th Cir.· 1983-04-11 ·cited 20×
  Tennessee's statute allowing states to opt out of federal bankruptcy exemptions is constitutional, and bankruptcy courts cannot invalidate such state opt-out statutes.
• Hoskin v. Hoskin
  329 So. 2d 19· Fla. 3d DCA· 1976-01-20 ·cited 20×
  A divorced wife challenged a partition order of the marital residence where she and minor children resided with exclusive possession under the divorce decree. The court held that homestead property cannot be partitioned when occupied by the former wife and children as head of hou
• Smith v. Voight
  158 Fla. 366· Fla.· 1946-12-20 ·cited 20×
  Fred R. Voight, a non-citizen resident of Florida, applied for homestead tax exemption under the Florida Constitution. The Tax Assessor denied the exemption based solely on Voight's non-citizenship. The Florida Supreme Court held that the 1939 constitutional amendment eliminated
• Jones v. Fed. Farm Mortg. Corp.
  138 Fla. 65· Fla.· 1939-05-19 ·cited 20×
  This mortgage foreclosure case addresses whether a married woman who executed a mortgage on homestead property was the head of the family, which would determine if the mortgage was void without her husband's consent. The Florida Supreme Court affirmed the lower court's decision t
• Rigby v. Middlebrooks
  102 Fla. 148· Fla.· 1931-06-24 ·cited 20×
  A creditor sought to cancel a deed conveying property from a debtor to a corporation, alleging fraud. The Florida Supreme Court affirmed the lower court's decree, holding that homestead property exempt from execution cannot be the subject of a creditor's fraud suit because credit
• Davis v. Miami Beach Bank & Tr. Co.
  99 Fla. 1282· Fla.· 1930-06-06 ·cited 20×
  This case concerns whether a widow, living with her adult, afflicted son, qualifies as the head of a family for homestead exemption purposes. The court held that she does, entitling her property to protection from forced sale.
• Griffith v. Griffith
  59 Fla. 512· Fla.· 1910-01-01 ·cited 20×
  The Florida Supreme Court reversed a partition decree involving a homestead estate, holding that partition was an improper remedy where the real controversy was between the heirs and third parties claiming adversely under conveyances from the decedent's widow, not between the hei
• Advisory Opinion TO the Attorney Gen. RE 1.35% Prop. TAX CAP
  2 So. 3d 968· Fla.· 2009-01-30 ·cited 19×
  The Florida Supreme Court reviewed a citizen initiative proposing a 1.35% property tax cap to determine whether it complies with the state constitution's single-subject requirement and ballot summary accuracy standards. The Court held the amendment is exempt from the single-subje
• In re Est. of Harry Comstock
  143 Fla. 500· Fla.· 1940-06-18 ·cited 19×
  The Florida Supreme Court held that a mortgagee's failure to file a claim against a decedent's estate within the statutory eight-month period bars enforcement of the mortgage debt against the estate's assets, even when the mortgaged property is a homestead and the decedent's will
• The Fid. & Cas. Co. of N.Y. v. Magwood
  107 Fla. 208· Fla.· 1932-11-09 ·cited 19×
  Fidelity & Casualty Company obtained a judgment against R. H. Magwood and assigned it to pursue a creditors' bill that resulted in the sale of Magwood's homestead property, which had been conveyed to trustees for their minor children. The Florida Supreme Court reversed, holding t
• Beulah Rose Nelson v. Stockton Mortg. Co.
  100 Fla. 1191· Fla.· 1930-11-12 ·cited 19×
  Stockton Mortgage Company sought to foreclose a mortgage on R.W. Weaver's homestead executed in June 1926, but Weaver died days later in July 1926. The defendants pleaded that no money was ever advanced to Weaver during his lifetime, making the mortgage void for lack of considera
• Michael
  832 So. 2d 213· Fla. 4th DCA· 2002-12-04 ·cited 18×
  Valley Trucking obtained a federal judgment against Michael in 1991 and recorded it in Florida in 1992. In 2000, Valley Trucking re-recorded the judgment under Florida's Enforcement of Foreign Judgments Act (FEFJA) and sought to levy on Michael's property. The court held that re-
• DeRUYTER v. State
  521 So. 2d 135· Fla. 5th DCA· 1988-01-14 ·cited 18×
  Joseph Karl DeRuyter appeals the denial of his motion to set aside a default judgment in a civil RICO forfeiture action brought by the State of Florida to forfeit his jointly-owned residence. The court affirms, holding that DeRuyter failed to demonstrate both excusable neglect an
• In re Est. OF Randolph A. Skuro
  487 So. 2d 1065· Fla.· 1986-05-01 ·cited 18×
  The doctrine of equitable conversion does not apply to contracts for the sale of homestead property if the owner is occupying the property as their home at the time of death.
• Burdick v. Isadore Burdick
  399 So. 2d 410· Fla. 3d DCA· 1981-06-02 ·cited 18×
  The Florida District Court of Appeal reversed a trial court's decision denying a widow homestead status on her residence. The appellate court found that the trial court erred by failing to apply the law of the case established by prior orders, which had determined the husband was
• Jameson v. Jameson
  387 So. 2d 351· Fla.· 1980-07-17 ·cited 18×
  The Florida Supreme Court held that the Florida Constitution does not require the non-owning spouse to join as a grantor when the homestead owner conveys property to himself and his spouse as tenants by the entirety. The Court reversed the district court's decision that had struc
• Volpitta v. Fields
  369 So. 2d 367· Fla. 4th DCA· 1979-03-21 ·cited 18×
  This case involves a former wife seeking to set aside a conveyance of her ex-husband's home as fraudulent and claiming damages for conspiracy to defraud creditors. The court found the property was homestead and thus exempt from creditors' claims, meaning the conveyance could not
• Weiss v. Stone
  220 So. 2d 403· Fla. 3d DCA· 1969-03-04 ·cited 18×
  A judgment creditor sought to levy on property purchased by a judgment debtor after a judgment lien attached, claiming it was entitled to homestead exemption. The court held that only the unit actually occupied by the debtor qualifies for homestead exemption, not the income-produ
• United States v. Hiles
  318 F.2d 56· 5th Cir.· 1963-05-17 ·cited 18×
  The court held that the cash value of the widow's dower interest, paid pursuant to an equity decree, qualifies for the marital deduction, but the payment for her homestead interest does not.
• Anemaet v. Martin-Senour Co.
  114 So. 2d 23· Fla. 2d DCA· 1959-07-03 ·cited 18×
  The Anemaets appealed a chancellor's decision that their remainder interest in rural property was not entitled to homestead exemption from a judgment creditor's levy. The court held that a deed reserving a life estate to the grantor creates only a remainder interest in the grante
• Porter-Mallard Co. v. Dugger
  117 Fla. 137· Fla.· 1934-10-30 ·cited 18×
  The Florida Supreme Court reversed an injunction preventing the sale of property under execution on a judgment lien. The court held that a judgment lien obtained in 1915 attached to the property when the judgment debtor acquired title in 1920, and the subsequent conversion of the
• Adams v. Malloy
  70 Fla. 491· Fla.· 1915-12-10 ·cited 18×
  W. B. Adams sought to remove an instrument as a cloud on his title to homestead property. The Florida Supreme Court held that the instrument was ineffectual because it lacked the proper acknowledgment by the married woman co-owner required by Florida law and the state constitutio
• Haddock v. Carmody
  1 So. 3d 1133· Fla. 1st DCA· 2009-01-21 ·cited 17×
  The court reversed a trial court's finding that Florida's homestead abandonment statute was unconstitutional as applied to property owners who rented their condominium while storing personal items in locked closets. The court held that renting the entire dwelling, despite carving
• COY v. Mango BAY Prop. & Invs., Inc.
  963 So. 2d 873· Fla. 4th DCA· 2007-08-22 ·cited 17×
  Clyde Coy appeals the denial of his motion to prohibit the foreclosure sale of a marital home titled in his wife's name, asserting he had a constitutionally protected homestead right. The Fourth District reversed and remanded, holding that the foreclosure court erred by failing t
• Knadle v. Est. OF Evangeline Stewart Knadle
  686 So. 2d 631· Fla. 1st DCA· 1996-11-26 ·cited 17×
  The court affirmed that a decedent's homestead property, when expressly directed in the will to be sold with proceeds distributed to adult children, loses its homestead exemption character and becomes subject to creditors' claims. The court certified a question of great public im
• In re the Est. OF Randolph A. Skuro
  467 So. 2d 1098· Fla. 4th DCA· 1985-05-01 ·cited 17×
  The Fourth District Court of Appeal affirmed that a contract for sale of homestead property executed before the owner's death does not destroy the property's homestead status. The court rejected the doctrine of equitable conversion as applied to homestead property, holding that h
• THE Fla. Nat'l Bank OF Jacksonville & Tr. under the Will of Grace Webster Taylor v. Winn
  158 Fla. 750· Fla.· 1947-04-22 ·cited 17×
• Burton v. McMillan
  52 Fla. 469· Fla.· 1906-06-01 ·cited 17×
  Beverly H. Burton and his wife Mary A. Burton sued to recover real and personal property they conveyed to A. M. McMillan, a county clerk, in exchange for his promise not to prosecute Beverly for alleged embezzlement. The Florida Supreme Court held that Mary's deed was obtained by
• Brandies v. Perry
  39 Fla. 172· Fla.· 1897-01-01 ·cited 17×
  This case addresses whether a detached tract of land, used as part of a home farm, can be claimed as part of a homestead exemption when the family resides on a separate tract. The court held that it cannot, emphasizing that the homestead exemption protects the actual family home
• Pilar Callava v. Feinberg
  864 So. 2d 429· Fla. 3d DCA· 2003-10-15 ·cited 16×
  The appellate court reversed a foreclosure judgment on a client's homestead, finding that the property was exempt from an equitable lien for attorney's fees because it was the client's homestead.
• Tramel v. Stewart
  697 So. 2d 821· Fla.· 1997-06-19 ·cited 16×
  The Florida Supreme Court held that Article X, Section 4 of the Florida Constitution prohibits civil forfeiture of homestead property under the Florida Contraband Forfeiture Act, even when the proceeds of illegal drug sales were used to acquire or improve the property. The Court
• Cavanaugh v. Cavanaugh
  542 So. 2d 1345· Fla. 1st DCA· 1989-04-21 ·cited 16×
  This Florida appellate case addresses whether property devised in a will constitutes non-devisable homestead, and whether the doctrine of res judicata bars a collateral attack on a probate decree. The court reversed the trial court's finding that the property was not homestead, h
• Hilde W. Brinson v. Creative Aluminum Prods., Inc.
  519 So. 2d 59· Fla. 2d DCA· 1988-01-27 ·cited 16×
  Brinson appeals a summary judgment in favor of Creative Aluminum Products regarding the forced sale of her homestead property to satisfy a judgment debt. The court affirmed the summary judgment on the merits but reversed the award of attorney's fees, finding the defense was not s
• In re Niland v. Darwin Deason
  825 F.2d 801· 5th Cir.· 1987-08-12 ·cited 16×
• Cassie Johns v. MAY
  402 So. 2d 1166· Fla.· 1981-07-23 ·cited 16×
  The Florida Supreme Court upheld the constitutionality of section 222.06(1), Florida Statutes, which imposes a ten-day deadline for claiming a personal property exemption from forced sale. The court rejected the argument that the statute arbitrarily deprives debtors of their cons
• Duchek v. Jacobi
  646 F.2d 415· 9th Cir.· 1981-05-29 ·cited 16×
  Federal Rule of Civil Procedure 69(a) requires federal courts to follow state procedural law for execution of judgments, but does not divest federal courts of jurisdiction to enforce judgments, even if state statutes appear to direct such proceedings to state tribunals.
• Cayce v. Carter OIL Co.
  618 F.2d 669· 10th Cir.· 1980-03-26 ·cited 16×
  The court held that the wife was the sole owner of the property and its proceeds, and therefore, the husband had no interest that required his consent for the accelerated payment, thus affirming the summary judgment.
• In re Blair v. Blair
  538 F.2d 849· 9th Cir.· 1976-07-19 ·cited 16×
  The court held that the record was sufficient to justify the bankruptcy judge's approval of the compromise, and that the bankruptcy judge did not abuse his discretion.
• Ammerman v. Markham
  222 So. 2d 423· Fla.· 1969-05-07 ·cited 16×
  Florida Supreme Court reversed the lower court's decision that Chapter 67-339 was unconstitutional insofar as it granted homestead tax exemption to condominium and cooperative apartment owners beginning January 1, 1969. The court upheld the legislature's authority to extend the c
• Fisher v. Bd. OF Cnty. Comm'rs OF Dade Cnty.
  84 So. 2d 572· Fla.· 1956-01-06 ·cited 16×
  The Florida Supreme Court reversed a lower court decree validating a $75,000 bond issue by a special improvement district designed to finance street paving and lighting in a rural Dade County area. The Court held that the financing scheme constituted an impermissible ad valorem t
• Wood v. Wilson
  84 So. 2d 32· Fla.· 1955-12-14 ·cited 16×
  Wood appeals a dismissal of his complaint seeking declaration of a mechanic's lien for labor and materials furnished to improve Wilson's homestead property. The Florida Supreme Court affirmed the dismissal, holding that an action to enforce a materialman's lien must comply with s
• Shambow v. Shambow
  153 Fla. 760· Fla.· 1943-12-07 ·cited 16×
  Four of five children of Mary L. Shambow sued for partition of their mother's home against their brother who lived there for ten years caring for her. The Florida Supreme Court affirmed the lower court's finding that the mother was not the "head of a family" under the homestead e