Homestead Exemption

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

• State v. City of Lakeland
  132 Fla. 489· Fla.· 1938-04-25 ·cited 16×
  The Florida Supreme Court upheld the Circuit Court's validation of $6.557 million in refunding bonds and $1 million in delinquent tax notes issued by the City of Lakeland to refinance older municipal debt. The State appealed arguing the refunding scheme violated constitutional pr
• Lewton v. Hower
  18 Fla. 872· Fla.· 1882-01-01 ·cited 16×
  Hower sought to enjoin the sheriff from selling his homestead property under execution on a judgment obtained by Lewton. The Florida Supreme Court held that land acquired as a federal homestead is exempt from forced sale to satisfy debts incurred before the patent issued, and tha
• Menard v. Univ. Radiation Oncology Assocs., LLP
  976 So. 2d 69· Fla. 4th DCA· 2008-02-13 ·cited 15×
  In this healthcare billing dispute, the trial court improperly allowed the clinic to present contradictory testimony at trial about the parties' payment agreement after the clinic had designated a different witness as having the most knowledge of the agreement during discovery. T
• Thompson v. Laney
  766 So. 2d 1087· Fla. 3d DCA· 2000-07-26 ·cited 15×
  The Florida Third District Court of Appeal reversed in part and affirmed in part a trial court's order surcharging Lyle Thompson, the personal representative of his mother's estate. The court held that Thompson properly sold the decedent's homestead and was entitled to retain the
• Miami Country DAY Sch. v. Bakst
  641 So. 2d 467· Fla. 3d DCA· 1994-08-17 ·cited 15×
  A houseboat used as a sole, permanent residence qualifies as a homestead exempt from forced sale under Florida law.
• In re Est. OF John A. Scholtz
  543 So. 2d 219· Fla.· 1989-05-04 ·cited 15×
  The Florida Supreme Court held that the doctrine of abandonment, which previously allowed a homeowner to devise homestead property despite a constitutional prohibition when the surviving spouse abandoned the home, is no longer viable after the 1985 amendment to Florida's homestea
• Adams v. Fielding
  148 Fla. 552· Fla.· 1941-11-21 ·cited 15×
  In this Florida Supreme Court case, the court reversed the dismissal of a bill of review challenging a decree quieting title to property by invalidating tax sale certificates. The court held that the bill of review alleged sufficient facts regarding improper service of process an
• Bd. of Pub. Instruction for Bay Cnty. v. State ex rel. W. J. Barefoot & Julia Lee Cooey
  145 Fla. 482· Fla.· 1941-01-17 ·cited 15×
  The Florida Supreme Court held that a 1934 constitutional amendment exempting homesteads from taxation cannot impair pre-existing contractual obligations of the Board of Public Instruction to repay loans, even when the board's tax base is reduced by the homestead exemption. The c
• Cumberland & Liberty Mills v. Keggin
  139 Fla. 133· Fla.· 1939-07-07 ·cited 15×
  The Florida Supreme Court upheld an injunction preventing the sale of homestead property of a deceased judgment debtor, holding that a homestead exemption inures to the heirs when a family relationship is maintained on the property after the spouse's death, and that judgment cred
• Prewitt Mgmt. Corp. v. Nikolits
  795 So. 2d 1001· Fla. 4th DCA· 2001-08-15 ·cited 14×
  Prewitt Management Corporation, a sub-chapter S corporation owned by Hal Prewitt, sought a homestead tax exemption for residential property it held where Prewitt and his family resided. The court held that the Florida Legislature provided an exclusive list of corporate entities e
• Lizzie Harris v. Wilson
  693 So. 2d 945· Fla.· 1997-03-20 ·cited 14×
  Clay County's special assessment on residential properties in unincorporated areas for solid waste disposal costs was challenged by homeowners. The Florida Supreme Court upheld the assessment, holding that special assessments for solid waste services are valid when they provide s
• Shawzin v. Donald J. Sasser, P.A.
  658 So. 2d 1148· Fla. 4th DCA· 1995-08-02 ·cited 14×
  In this attorney's charging lien case, the Fourth District Court of Appeal affirmed the trial court's award of a charging lien against the proceeds of the sale of marital property, but reversed the entry of a money judgment against the client for lack of proper notice and reverse
• Merchs. Nat'l Bank v. Se. Fire Ins. Co., Inc.
  751 F.2d 771· 5th Cir.· 1985-01-28 ·cited 14×
  The court held that the insurer's denial of Merchants' claim lacked a legitimate or arguable reason, entitling Merchants to a punitive damages instruction, and that the directed verdicts against Bossier and Edna Barlow were erroneous.
• Henry Friedman in Bankruptcy of Janice Ann Marie Harold v. Harold
  638 F.2d 262· 1st Cir.· 1981-01-13 ·cited 14×
  A trustee in bankruptcy lacks standing to assert the gender discrimination claims of third-party tenants by the entirety, and the trustee's own claim for unequal creditor remedies is subject only to the rational basis test, under which the challenged law is valid.
• In re Cleve Jackson Howell v. Cleve Jackson Howell
  638 F.2d 81· 9th Cir.· 1980-08-21 ·cited 14×
  The court held that an adult child's economic inability to support himself, even without mental or physical handicap, can qualify a parent as a 'head of a household' for homestead exemption purposes under California Civil Code § 1261.
• In re Est. of Eugenia L. Wilder v. Mitchell
  240 So. 2d 514· Fla. 1st DCA· 1970-09-24 ·cited 14×
  The court held that the decedent was not the head of a family for homestead purposes because her grandson, who lived with her, considered himself the head of his own family and was gainfully employed.
• Dickinson v. Geraci
  190 So. 2d 368· Fla. 2d DCA· 1966-09-30 ·cited 14×
  The Florida District Court of Appeal affirmed a circuit court order prohibiting the use of a uniform tax factor (1.818) to multiply existing Hillsborough County property assessments and instead requiring completion of a comprehensive reappraisal. The court held that applying a si
• Delbert White v. Posick
  150 So. 2d 263· Fla. 2d DCA· 1963-02-27 ·cited 14×
  The court affirmed a judgment in favor of the defendant in an ejectment action, finding that the property in question was the defendant's homestead and therefore exempt from a prior sheriff's sale.
• Addie C. Richardson v. Myers
  106 Fla. 136· Fla.· 1932-07-08 ·cited 14×
  This case concerns whether a "lien" provision in a lease agreement constitutes a chattel mortgage enforceable in equity, even when the lessee claims homestead exemption on the property. The court held that such a provision creates a valid chattel mortgage and does not preclude eq
• Donly v. The Metro. Realty & Inv. Co.
  71 Fla. 644· Fla.· 1916-05-24 ·cited 14×
  The Florida Supreme Court held that homestead property is not exempt from judicial partition among beneficiaries, even though it is exempt from forced sale for debts. The court affirmed that a partition suit by an heir against the widow and minor children could proceed despite th
• Columbus J. Porter v. Teate
  17 Fla. 813· Fla.· 1880-06-01 ·cited 14×
  This case concerns whether a homestead exemption protects land from sale when the purchaser obtained it through a land exchange with covenants of title, and the seller later recovered a judgment for breach of those covenants. The Florida Supreme Court held that homestead protecti
• Clauro Enters., Inc. v. Aragon Galiano Holdings, LLC
  16 So. 3d 1009· Fla. 3d DCA· 2009-09-02 ·cited 13×
  Clauro Enterprises and Ricardo Rupcich appealed a default judgment entered against them for lack of proper service of process. The court affirmed as to Clauro but reversed as to Rupcich, finding that service via a private mailbox failed to comply with Florida's substitute service
• Smith v. Krosschell
  937 So. 2d 658· Fla.· 2006-08-31 ·cited 13×
  The Florida Supreme Court held that a property appraiser may correct a data entry error that eliminated a homestead's improvements from the tax rolls at any time under Florida Statute § 197.122(1), rather than being restricted by § 193.155(8)(a). The court rejected the taxpayer's
• Conseco Servs., LLC. v. Richard Cuneo & Ngaire Cuneo
  904 So. 2d 438· Fla. 3d DCA· 2005-03-09 ·cited 13×
  The court held that a lis pendens on homestead property was properly dissolved because the plaintiff failed to establish a fair nexus between the property and the lawsuit, and the conditions imposed on the property were reversed.
• Smith v. Smith
  761 So. 2d 370· Fla. 5th DCA· 2000-04-20 ·cited 13×
  Stephen Smith sought a writ of prohibition to prevent the forced sale of his homestead property to satisfy a child support and alimony lien imposed by his ex-wife Teresa. The Florida appellate court reversed the trial court's foreclosure order, holding that homestead property can
• Miskin v. The City OF Fort Lauderdale
  661 So. 2d 415· Fla. 4th DCA· 1995-10-18 ·cited 13×
  The court held that a code enforcement lien, while not invalidated by the homestead exemption, is rendered unenforceable against homestead property.
• Ardis F. Heiman v. Cap. Bank
  438 So. 2d 932· Fla. 3d DCA· 1983-10-04 ·cited 13×
  Mrs. Heiman sought homestead exemption for a condominium titled in her name to prevent forced sale after her husband's death. The court held that record title is not essential to homestead status and that a surviving spouse may claim homestead protections based on the deceased sp
• Wm. W. Jackson v. H. W. Wade Mfg. Co., Inc.
  102 Fla. 970· Fla.· 1931-09-19 ·cited 13×
  The Florida Supreme Court reversed an order appointing a receiver over personal property claimed under a chattel mortgage/conditional sales contract. The court held that a vendor who retains title to property sold under a conditional sales contract cannot pursue both repossession
• Marshall v. Marshall
  988 So. 2d 644· Fla. 4th DCA· 2008-06-18 ·cited 12×
  The Fourth District Court of Appeal reversed the trial court's determination of personal jurisdiction over the husband in a dissolution of marriage case, holding that the husband's occasional visits to Florida and single homestead exemption application did not establish either a
• In re Fin. Federated Title & Tr. v. Kozyak
  347 F.3d 880· 11th Cir.· 2003-10-03 ·cited 12×
  A bankruptcy trustee sought to impose an equitable lien and constructive trust on a Florida homestead property purchased with funds fraudulently obtained through a massive Ponzi scheme involving viatical settlement investments. The bankruptcy court granted summary judgment for th
• In re Sanderfoot v. Sanderfoot
  899 F.2d 598· 7th Cir.· 1990-03-30 ·cited 12×
  The court should reverse the bankruptcy court's decision allowing the debtor to avoid his ex-wife's lien on their former marital home.
• Nikki Dee Maus v. Maus
  837 F.2d 935· 10th Cir.· 1988-01-28 ·cited 12×
  A divorce decree's money judgment, if it creates a lien under state law, constitutes a judicial lien avoidable under 11 U.S.C. § 522(f)(1) if it impairs a debtor's homestead exemption.
• In re Ronald and Marjorie Patterson
  825 F.2d 1140· 7th Cir.· 1987-07-30 ·cited 12×
  Cows and tractors are not considered 'tools of the trade' for exemption purposes under 11 U.S.C. § 522(d)(6), and the 'wild card' exemption under § 522(d)(5) cannot be used to exempt proceeds from the sale of such assets.
• Lopez v. Pub. Health Tr. OF Dade Cnty.
  509 So. 2d 1286· Fla. 3d DCA· 1987-07-14 ·cited 12×
  The estate of Nereida Lopez appeals a probate court's denial of homestead property protection for real property the decedent owned and occupied at death. The court reverses, holding that under the 1984 constitutional amendment expanding homestead protection to all natural persons
• Dominion Bank OF the Cumberlands, NA v. Nuckolls
  780 F.2d 408· 4th Cir.· 1985-12-18 ·cited 12×
  A debtor may avoid a nonpossessory, nonpurchase-money security interest that impairs an exemption, even if the debtor waived that exemption, provided the property qualifies as a tool of the trade.
• Ronald W. Kitzinger and Delores v. Kitzinger
  432 So. 2d 188· Fla. 1st DCA· 1983-05-25 ·cited 12×
  Gulf Power Company sought a mandatory injunction to remove a corner of the Kitzingers' house that encroached 18.06 feet into Gulf Power's electrical transmission line easement acquired in 1926. The circuit court denied the injunction but imposed an unliquidated lien on the homest
• First Nat'l Bank OF Mobile v. Alton A. Norris
  701 F.2d 902· 11th Cir.· 1983-03-28 ·cited 12×
  The trustee's objection to the homestead exemption amount was sufficient, and the debtors are limited to the $2,000 exemption available under Alabama law at the time their debts were incurred.
• State v. Markham
  426 So. 2d 555· Fla. 4th DCA· 1982-10-22 ·cited 12×
  The Florida Department of Revenue appealed a trial court order declaring Broward County's 1980 interim ad valorem tax roll final without reconciliation to the disapproved final roll. The court reversed, holding that an interim roll not based on constitutional just valuation canno
• Todman v. Todman
  571 F.2d 149· 3d Cir.· 1978-02-10 ·cited 12×
  The court held that 5 V.I. Code Ann. tit. 33, § 2305(d) empowers a Virgin Islands divorce court to dispose of homestead property held by the entireties.
• Mariam v. Katiba Cook and Audrey M. Katiba
  190 So. 2d 309· Fla.· 1966-09-21 ·cited 12×
  The Florida Supreme Court reversed the District Court of Appeal, holding that J. J. Katiba is equitably estopped from denying petitioners' title to real property based on his 1942 deed conveying the property to their predecessor, even though he later acquired an after-acquired in
• Lucile A. Anderson v. Garber
  183 So. 2d 693· Fla. 3d DCA· 1966-03-01 ·cited 12×
  Mrs. Anderson, a married woman and sole property owner, executed a mortgage without her husband's joinder. She appealed a foreclosure judgment, arguing the mortgage was void because she was the head of family and homestead protection required her husband's consent. The court affi
• Poppell v. Padrick
  117 So. 2d 435· Fla. 2d DCA· 1959-12-23 ·cited 12×
  The Florida District Court of Appeal affirmed a homestead tax exemption for property that the taxpayers had temporarily rented out while staying with the taxpayer's elderly mother. The court held that temporary absences from a homestead, even when the property is rented to others
• Chirico v. Elzie L. DEW
  113 So. 2d 597· Fla. 2d DCA· 1959-07-10 ·cited 12×
  The court held that the trial court erred in granting summary judgment because genuine issues of material fact existed regarding the identity of the defendant, Elzie L. Dew, as H. C. Dew.
• Gautier v. Lapof
  91 So. 2d 324· Fla.· 1956-12-12 ·cited 12×
  The Florida Supreme Court held that a lessee's option to purchase contained in a lease does not create an equitable or beneficial ownership interest until the option is actually exercised. Since the plaintiffs did not exercise their option until July 1, 1954, they did not qualify
• L'Engle v. Forbes
  81 So. 2d 214· Fla.· 1955-06-01 ·cited 12×
  The Florida Supreme Court held that a military service member and his wife did not abandon their homestead property despite renting it out and residing elsewhere due to his military service orders, and that the service member was entitled to the homestead tax exemption for 1953 u
• Simpson v. Barney Hirshberg
  159 Fla. 25· Fla.· 1947-05-20 ·cited 12×
  The Florida Supreme Court held that a homestead property retains its tax-exempt status despite a defective deed transfer and change in ownership when both the predecessor and successor owners maintain continuous use of the property as a homestead.
• Nelson v. Franklin
  152 Fla. 694· Fla.· 1943-04-06 ·cited 12×
  A surviving husband cannot claim an equal share of his deceased wife's homestead property if the wife was the sole owner and could legally devise it by will.
• City of Coral Gables v. State
  128 Fla. 874· Fla.· 1937-07-30 ·cited 12×
  The City of Coral Gables sought validation of approximately $4.2 million in refunding bonds and $7 million in tax participation certificates to refund approximately $11.2 million in outstanding municipal indebtedness. The Florida Supreme Court upheld the trial court's validation
• Heddon v. Jones
  115 Fla. 19· Fla.· 1934-05-23 ·cited 12×
  A creditor sought to recover a $6,000 loan by suing on promissory notes and obtaining judgment, then attempted to enforce that judgment against the debtor's grove property. The Florida Supreme Court held that the debtor's homestead exemption attached to the property before the ju
• Story v. First Nat'l Bank & Tr. Co. in Orlando
  103 Fla. 399· Fla.· 1931-11-04 ·cited 12×
  The Story family challenged a will creating a trust estate and sought appointment of an administrator pendente lite to manage the deceased's properties while disputing the trust's validity. The Florida Supreme Court held that when a will contest raises genuine issues about the va