Homestead Exemption

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

• McGuel Moralis v. Matheson
  75 Fla. 589· Fla.· 1918-04-22 ·cited 12×
  McGuel Moralis sued to recover his undivided one-third interest in Florida land inherited from his father Miguel Moralis. The court reversed the lower court's judgment for the defendants, holding that title vested in Miguel Moralis under an early warranty deed through the doctrin
• DeQUERVAIN v. Desguin
  927 So. 2d 232· Fla. 2d DCA· 2006-05-05 ·cited 11×
  Two Swiss nationals with temporary U.S. visas sought a Florida homestead tax exemption for their Charlotte County home despite living and working there for five years. The court affirmed the denial of their homestead exemption, holding that persons on temporary visas cannot estab
• In re Bradley v. Pac. Sw. Bank, FSB
  960 F.2d 502· 5th Cir.· 1992-05-13 ·cited 11×
  A debtor's actual use and possession of property for homestead purposes, even if accompanied by a disclaimer or intent to develop, establishes homestead rights, and lenders have a duty to inquire into such use.
• In re Est. OF Samuel J. Melisi
  440 So. 2d 584· Fla. 4th DCA· 1983-09-21 ·cited 11×
  This case addresses whether a decedent's interest in property owned jointly with his ex-spouse constitutes homestead property that is non-devisable when the decedent is survived by a minor child. The court reversed the trial court's determination that the property was not homeste
• LaGASSE v. AETNA Ins. Co.
  213 So. 2d 454· Fla. 2d DCA· 1968-08-07 ·cited 11×
  A judgment lien does not attach to property that becomes a homestead after the lien attaches, if the property was inherited by the debtor and the homestead right attaches simultaneously with the inheritance and the lien.
• State v. City of Auburndale
  144 Fla. 210· Fla.· 1940-09-03 ·cited 11×
  This case involves an appeal challenging the validation of refunding bonds issued by the City of Auburndale. The court affirmed the validation, finding no merit in the appellant's constitutional objections regarding taxation, territorial limits, and bond classifications.
• Morehead v. Yongue
  134 Fla. 135· Fla.· 1938-09-27 ·cited 11×
  This case concerns whether a property qualifies as a homestead exempt from forced sale when the owner supported his parents but did not live with them before his marriage. The court found the property did not acquire homestead status until after judgments against the owner attach
• Loring v. Wittich
  16 Fla. 498· Fla.· 1878-01-01 ·cited 11×
  In this appeal, the Florida Supreme Court reversed a lower court decree that denied John Loring's exemption claim for personal property, including a schooner, from execution on a judgment. The Court held that Loring's answer sufficiently alleged facts establishing him as the head
• Spector v. Robert L. Spector, Robert L. Spector, P.A.
  226 So. 3d 256· Fla. 4th DCA· 2017-05-24 ·cited 10×
  A former wife sought to enforce an alimony judgment against her ex-husband by obtaining proceedings supplementary, challenging the circuit court's conclusion that homestead property and insurance policies are absolutely exempt from contempt enforcement. The appellate court held t
• Neuteleers v. Patio Homeowners Ass'n, Inc.
  114 So. 3d 299· Fla. 4th DCA· 2013-05-08 ·cited 10×
  The court held that the trial court properly denied the motion to vacate the final judgment because the complaint stated a cause of action on its face, and the appellants' arguments for vacating the judgment were either waived, raised too late, or premature.
• Morey v. Everbank & Air Craun, Inc.
  93 So. 3d 482· Fla. 1st DCA· 2012-07-24 ·cited 10×
  The Florida District Court of Appeal affirmed a trial court ruling that life insurance proceeds payable to a revocable trust were not exempt from the decedent's estate obligations under Florida law, despite the statutory exemption in section 222.13. The court held that the trust'
• Zivitz v. Zivitz
  16 So. 3d 841· Fla. 2d DCA· 2009-05-22 ·cited 10×
  Robert Zivitz appeals a garnishment judgment awarding proceeds from his condominium sale to his ex-wife and son. The trial court struck Robert's untimely homestead exemption claim because he failed to file it within 20 days of receiving garnishment notice as required by Florida s
• Hilliard R. Siegel v. Siegel
  700 So. 2d 414· Fla. 4th DCA· 1997-09-24 ·cited 10×
  In a post-dissolution contempt proceeding, the court held that a former spouse's individual retirement account (IRA) may be considered by a trial court when determining whether the spouse has the present ability to pay a purge amount, despite the statutory exemption of IRAs from
• Fishbein v. Palm Beach Sav. & Loan Ass'n
  585 So. 2d 1052· Fla. 4th DCA· 1991-09-04 ·cited 10×
  Mrs. Fishbein appeals a trial court judgment awarding an equitable lien against her homestead property to Palm Beach Savings & Loan Association, while the Bank cross-appeals the denial of its mortgage foreclosure. The court reverses the equitable lien award, holding that equitabl
• In re Adelle M. Sherk v. Tex. Bankers Life & Loan Ins. Co.
  918 F.2d 1170· 5th Cir.· 1990-12-11 ·cited 10×
  The court held that a claim for fraudulent transfer of a homestead property belongs to the bankruptcy trustee and is property of the estate, thus a state court suit alleging such a transfer violates the automatic stay. However, the court reversed the imposition of sanctions, find
• THE Florida BAR v. McLAWHORN
  535 So. 2d 602· Fla.· 1988-12-22 ·cited 10×
  The court publicly reprimands Donald E. McLawhorn for violating disciplinary rules regarding deceit and acquiring an interest in litigation property, rejecting the referee's recommendation for suspension.
• In re Lombard v. S. Arthur Axtens or The Estate of S. Arthur Axtens
  739 F.2d 499· 10th Cir.· 1984-07-16 ·cited 10×
  The court held that architectural services, even if obtained by fraud, are dischargeable debts under Section 17 of the Bankruptcy Act of 1898, and that the defense of dischargeability was not waived by failing to raise it in a homestead exemption hearing.
• Deel Rent-A-Car, Inc. v. Levine
  721 F.2d 750· 11th Cir.· 1983-12-19 ·cited 10×
  A debtor can avoid a preferential transfer under section 522(h) even if the property would not be exempt from the creditor's claim under state law, and the 'diminution of estate' doctrine does not apply to such debtor actions.
• Miguel v. Walsh
  447 F.2d 724· 9th Cir.· 1971-08-19 ·cited 10×
  The trustee in bankruptcy succeeds to the rights of a creditor who could have subjected homestead property to its claim due to the bankrupt's fraud.
• Manda v. Sinclair
  278 F.2d 629· 5th Cir.· 1960-05-23 ·cited 10×
  The court held that the Bankrupt, not the Bank, was the sole appellant and, as an aggrieved party, could not appeal the chattel mortgage order. The court also held that the Bankrupt was entitled to an 8-acre homestead exemption, not limited by municipal incorporation, due to his
• England v. Sanderson
  236 F.2d 641· 9th Cir.· 1956-09-10 ·cited 10×
  The court held that the bankruptcy trustee, under § 70(c) of the Bankruptcy Act, could bring the difference between the increased homestead exemption and the prior limit into the bankrupt estate for distribution to all creditors, not just subsequent ones.
• Union Tr. Co. v. Glunt
  85 So. 2d 877· Fla.· 1956-03-07 ·cited 10×
  Union Trust Company, as administrator of Ora A. Glunt's estate, appealed a probate court's determination of homestead property. The Florida Supreme Court affirmed that the homestead included the entire lot with rental cottages and a garage apartment, holding that such improvement
• State v. City of St. Petersburg
  127 Fla. 509· Fla.· 1937-03-23 ·cited 10×
  The Florida Supreme Court upheld the validity of a $19,826,000 refunding bond issue by the City of St. Petersburg, rejecting five constitutional and statutory challenges to the bonds. The court held that refunding bonds must merely extend existing debt obligations without creatin
• Platt v. Platt
  50 Fla. 594· Fla.· 1905-06-01 ·cited 10×
  This case concerns whether a partner who assumed the firm's debts as part of a business purchase can claim a personal property exemption for those assets. The court held that the assumption of debt constituted an obligation for the purchase of the property, thus precluding the ex
• Johnson v. Reuben Turner and Hettie Turner
  44 Fla. 244· Fla.· 1902-01-01 ·cited 10×
  The Florida Supreme Court upheld a circuit court judge's authority to fix the amount and conditions of a supersedeas bond on appeal from a final decree containing injunctive provisions. The court interpreted Chapter 4917 (1901) to permit statutory supersedeas of non-injunctive po
• Hedick v. Hedick
  38 Fla. 252· Fla.· 1896-06-01 ·cited 10×
  The appellate court reversed a lower court's decree concerning the administration of a deceased person's estate. The court found vital defects in the initial bill of complaint and insufficient proof regarding homestead and personal property exemptions, making a just administratio
• The First Nat'l Bank of Fla. v. Ashmead
  33 Fla. 416· Fla.· 1894-01-01 ·cited 10×
  The Florida Supreme Court reversed a dismissal of a mortgage foreclosure case, holding that a wife who signed a deed securing her husband's debt could only be bound to the extent she understood and consented to, even though the husband had executed a separate defeasance agreement
• Wells v. Haldeos
  48 So. 3d 85· Fla. 2d DCA· 2010-10-22 ·cited 9×
  The Property Appraiser of Pasco County appealed a trial court judgment granting James Haldeos a homestead tax exemption despite his wife receiving a similar exemption in New York. The court affirmed, holding that separated spouses maintaining separate permanent residences in good
• Dyer v. Beverly & Tittle, P.A.
  777 So. 2d 1055· Fla. 4th DCA· 2001-01-10 ·cited 9×
  Thomas Dyer appealed a foreclosure judgment that would have forced the sale of his homestead property to satisfy attorney's fees judgments from his ex-wife's divorce proceedings. The Fourth District Court of Appeal reversed, holding that the attorney's fees judgments failed to co
• Steinbrecher v. Cannon
  501 So. 2d 659· Fla. 1st DCA· 1987-01-13 ·cited 9×
  A judgment lien on real property is not established until a certified copy of the judgment is recorded in the official county records; levy without prior recordation is ineffective.
• Ancel Alcime and Elucia Alcime v. Bystrom
  451 So. 2d 1037· Fla. 3d DCA· 1984-06-26 ·cited 9×
  An alien without a permanent visa cannot establish the requisite intention to become a permanent resident of Florida for homestead tax exemption purposes, regardless of length of U.S. or state residence or local employment.
• SUN First Nat'l Bank OF Orlando v. Gieger
  402 So. 2d 428· Fla. 5th DCA· 1981-06-10 ·cited 9×
  Sun First National Bank appealed the dissolution of a garnishment writ against proceeds from the sale of the Giegers' homestead. The court held that homestead sale proceeds, including non-cash proceeds such as promissory notes and mortgages, remain exempt from creditors' claims i
• Goodie Ryskind v. Robinson
  302 So. 2d 427· Fla. 4th DCA· 1974-10-31 ·cited 9×
  The appellate court reversed a portion of a summary judgment, finding that the appellant's affirmative defenses of fraud should have been considered at trial rather than disposed of in a summary proceeding. The court held that homestead property cannot be used to shield against f
• Schuler v. Walter
  24 Fla. Supp. 116· Duval Cty. Cir. Ct.· 1965-01-04 ·cited 9×
  In this declaratory judgment action, a Florida circuit court found that Duval County's tax assessor had systematically and deliberately underassessed real and personal property at approximately 41.64% of just value since 1941, in violation of the state constitution and statutes.
• Richards v. Frank B. Byrnes: Gladys M. Wallis
  153 Fla. 705· Fla.· 1943-11-23 ·cited 9×
  The Florida Supreme Court construed Article X of the Florida Constitution to determine what property constitutes a homestead exemption. The court held that the homestead is limited to the real estate (one-half acre in an incorporated city) plus improvements and up to $1,000 in pe
• State v. City of Melbourne
  135 Fla. 870· Fla.· 1939-01-20 ·cited 9×
  The Florida Supreme Court affirmed a circuit court's decree validating $874,000 in refunding bonds issued by the City of Melbourne. The case tested whether the city had authority under state law to refund prior bonded indebtedness and whether the refunding bonds would carry forwa
• State v. Special Rd. & Bridge Dist. No. 4 of DeSoto Cnty.
  133 Fla. 119· Fla.· 1938-07-06 ·cited 9×
  The Florida Supreme Court upheld validation of refunding bonds issued by Special Road and Bridge District No. 4 of DeSoto County, even though the district's territory had been divided among three counties (DeSoto, Highlands, and Hardee) following a 1921 county division. The court
• Fort v. Cora Rigdon
  100 Fla. 398· Fla.· 1930-07-31 ·cited 9×
  This case concerns the designation of a homestead from a larger tract of land. The court affirmed the lower court's decision, holding that the chancellor's designation of the homestead was not clearly erroneous and followed established legal principles regarding homestead exempti
• Ropes v. Jenerson
  45 Fla. 556· Fla.· 1903-01-01 ·cited 9×
  The court considered whether a purchaser at a sheriff's sale, who was not in possession of the property, could use equity to set aside a prior conveyance of real estate as fraudulent. The court held that such a suit in equity is improper when the complainant has a legal remedy.
• Miles v. Parrish
  199 So. 3d 1046· Fla. 4th DCA· 2016-07-13 ·cited 8×
  Sharon Miles challenged the retroactive removal of her homestead exemption and imposition of a tax lien for back taxes from 2005-2010. The trial court dismissed her complaint as untimely under the 60-day statute of limitations in section 194.171, but the appellate court reversed,
• Quiroga v. Citizens Prop. Ins. Corp.
  34 So. 3d 101· Fla. 3d DCA· 2010-04-07 ·cited 8×
  A law firm appealed the denial of its motion to impress a charging lien on homeowner's insurance proceeds from hurricane damage. The court held that homestead property and its insurance proceeds are constitutionally exempt from attachment, and the homeowner cannot contract away t
• Lanning v. Pilcher
  16 So. 3d 294· Fla. 1st DCA· 2009-08-26 ·cited 8×
  The court held that article VII, section 4(c) of the Florida Constitution and its implementing statute are constitutional and do not violate federal rights.
• Rossano v. Britesmile, Inc.
  919 So. 2d 551· Fla. 3d DCA· 2005-12-28 ·cited 8×
  A debtor sought to protect proceeds from the sale of her homestead from garnishment by a judgment creditor, claiming the funds would be reinvested in a new homestead. The court reversed the trial court's order garnishing the entire amount, holding that under Florida law, homestea
• Robles v. Robles
  860 So. 2d 1014· Fla. 3d DCA· 2003-12-03 ·cited 8×
  An equitable lien cannot be impressed upon a homestead for past-due alimony payments unless the payor spouse engaged in affirmative fraudulent or reprehensible conduct.
• Lewis and Betty Ward v. Brown
  892 So. 2d 1059· Fla. 1st DCA· 2003-03-13 ·cited 8×
  Property owners challenged a trial court order striking class action allegations in a lawsuit contesting property tax assessments on beachfront properties. The First District affirmed, holding that challenges to denial of governmental property tax exemptions are subject to the ma
• Bd. OF Trs. OF the Orlando Police Pension Plan v. Langford
  833 So. 2d 230· Fla. 5th DCA· 2002-12-20 ·cited 8×
  The Board of Trustees of the Orlando Police Pension Plan appeals an order requiring direct payment of pension benefits to a former spouse as part of equitable distribution. The court reverses, holding that anti-alienation provisions in the municipal pension plan and Florida law b
• Cross v. Strader Constr. Corp.
  768 So. 2d 465· Fla. 2d DCA· 2000-04-28 ·cited 8×
  The Crosses appealed an order granting Strader Construction's motion to enforce a judgment lien against their homestead property. The court reversed, holding that a quantum meruit judgment does not fall within the contractual exceptions to Florida's homestead exemption and theref
• Bank Leumi Tr. Co. of N.Y. v. Lang
  898 F. Supp. 883· S.D. Fla.· 1995-07-28 ·cited 8×
  The Florida homestead exemption protects property even if acquired to defraud creditors, but annuities purchased with intent to hinder creditors are not exempt.
• In re England v. Fed. Deposit Ins. Corp.
  975 F.2d 1168· 5th Cir.· 1992-10-26 ·cited 8×
  The court held that Texas Property Code § 41.001 does not allow simultaneous exemption of a current homestead and the proceeds from the sale of a former homestead.
• In re Szekely
  936 F.2d 897· 7th Cir.· 1991-07-02 ·cited 8×
  The homestead exemption in Illinois entitles a debtor to remain in their home rent-free until they receive the cash value of the exemption.