Homestead Exemption

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

• Hanna v. The City OF Palm BAY
  579 So. 2d 320· Fla. 5th DCA· 1991-05-09 ·cited 8×
  Property owners challenged special assessments levied by the City of Palm Bay for a city-wide street resurfacing program. The court held that special assessments may not be used to fund general maintenance of all city streets because such improvements do not provide benefits to a
• In re Earnest James Pederson v. Earnest James Pederson
  875 F.2d 781· 9th Cir.· 1989-05-30 ·cited 8×
• Templin v. Weisgram
  867 F.2d 240· 5th Cir.· 1989-03-08 ·cited 8×
  The court held that the FDIC is protected by 12 U.S.C. § 1823(e) from a borrower's claim that a deed of trust is void under state law, when that claim relies on an undisclosed side agreement.
• City of Gainesville Code Enf't Bd. v. Lewis
  536 So. 2d 1148· Fla. 1st DCA· 1988-12-28 ·cited 8×
  The City of Gainesville Code Enforcement Board appealed the dismissal of its statutory lien foreclosure complaint against a property owner who had failed to pay liens imposed for code violations. The court reversed, holding that the complaint stated a valid cause of action under
• Abe Baum v. Ardis Heiman
  528 So. 2d 63· Fla. 3d DCA· 1988-07-05 ·cited 8×
  Baum sued Heiman for defaulting on a $40,000 loan and obtained a judgment that was satisfied from proceeds of a condominium sale. Heiman later successfully challenged the sale through probate proceedings establishing the property as her husband's homestead, then sued Baum for res
• In re Granger v. Watson-Appellee
  754 F.2d 1490· 9th Cir.· 1985-03-05 ·cited 8×
  A state that opts out of the federal bankruptcy exemption scheme and provides its own exemptions is not bound by 11 U.S.C. § 522(m) regarding those state-provided exemptions.
• Osterndorf v. Turner
  411 So. 2d 330· Fla. 5th DCA· 1982-03-24 ·cited 8×
  Florida homeowners challenged a five-year durational residency requirement for an enhanced homestead tax exemption as violating equal protection and due process rights. The court affirmed the statute's constitutionality, finding the rational basis test rather than strict scrutiny
• United States v. Rogers
  649 F.2d 1117· 5th Cir.· 1981-07-06 ·cited 8×
  The Fifth Circuit held that a federal tax lien cannot be foreclosed against a Texas homestead when one spouse has no tax liability and Texas law treats the homestead interest as a property right, not merely an exemption.
• Travis v. Tr. Co. Bank
  621 F.2d 148· 5th Cir.· 1980-07-09 ·cited 8×
  The court held that the Elzea decision, finding the assignment of a homestead exemption to be a security interest requiring TILA disclosure, should be applied retroactively because the bank failed to meet any of the Chevron tests for prospective application.
• Tullis v. Tullis
  342 So. 2d 88· Fla. 1st DCA· 1977-01-28 ·cited 8×
  The homestead exemption does not prohibit a court-ordered partition sale of indivisible property owned by co-tenants, even if one co-tenant occupies it as a homestead.
• Sackheim v. Marine Bank & Tr. Co.
  341 So. 2d 247· Fla. 2d DCA· 1976-12-29 ·cited 8×
  Marine Bank & Trust Company obtained a judgment lien against Edward R. Hamm recorded with an erroneous middle initial (Edward P. Hamm). The Sackheims subsequently purchased Hamm's property as homestead. The trial court held the lien valid but unenforceable due to homestead status
• In re Rodger A. Monson and Linda S. Monson v. First Nat'l Bank OF Bradenton
  497 F.2d 135· 5th Cir.· 1974-07-05 ·cited 8×
  The court held that the debtors did not abandon their Florida homestead exemption despite a temporary absence due to marital discord and reconciliation efforts.
• Mansell v. V. H. Carroll in Bankruptcy of Bobby Howard Jones
  379 F.2d 682· 10th Cir.· 1967-06-23 ·cited 8×
  The court held that transactions intended to defraud creditors, even if involving homestead property, can be set aside as fraudulent and preferential under the Bankruptcy Act.
• MAY v. Fid. & Deposit Co. OF Md.
  292 F.2d 259· 10th Cir.· 1961-06-23 ·cited 8×
  The court held that a bankruptcy referee has jurisdiction to revoke a discharge order, even if no formal objections were filed, for good cause shown. The referee did not abuse discretion by vacating the discharge pending a state court determination of a homestead exemption waiver
• Passmore v. Morrison
  63 So. 2d 297· Fla.· 1953-02-27 ·cited 8×
  In this homestead property dispute, the Florida Supreme Court held that an adopted child who had not lived with his adoptive parents for over two years and was not dependent on them had no homestead rights in their property. The court affirmed the lower court's decision that the
• Gardner v. Johnson
  195 F.2d 717· 9th Cir.· 1952-03-22 ·cited 8×
  A bankrupt waives their right to a homestead exemption by failing to schedule the property and by conveying it, even if the conveyance is later set aside as fraudulent.
• Garrett v. Potter
  160 Fla. 707· Fla.· 1948-07-20 ·cited 8×
  The court held that the chancellor erred in striking paragraphs detailing claims for support and payments made on the homestead, as the chosen remedy of accounting in a partition suit was permissible and more expeditious than foreclosing a lien.
• Hyman v. McLENDON
  140 F.2d 76· 4th Cir.· 1944-01-10 ·cited 8×
  The bankruptcy court had jurisdiction to adjudicate the controversy because the parties consented, and the bankrupt and his trustee are bound by the prior settlement agreement and court orders.
• State v. City of Inverness
  137 Fla. 629· Fla.· 1939-05-12 ·cited 8×
  The Florida Supreme Court affirmed a decree validating refunding bonds issued by the City of Inverness, holding that statutory amendments permitting unlimited tax levies for debt service were effective to authorize refunding of older limited-tax bonds, and that refunding bonds co
• Farland Loan & Sav. Co. v. Pittman
  108 Fla. 442· Fla.· 1933-02-23 ·cited 8×
  The Florida Supreme Court granted a motion to quash a writ of certiorari, affirming a lower court's decision that the defendant was the head of a family entitled to homestead exemption. The court found the evidence sufficient to support this finding.
• Finlayson v. Love
  44 Fla. 551· Fla.· 1902-06-01 ·cited 8×
  In this ejectment action, the Florida Supreme Court reversed judgment against the administrator and heir of a deceased defendant because the lower court improperly sustained demurrers to pleas questioning whether the administrator and the widow were necessary and proper parties t
• JBK Assocs., Inc. v. Sill Bros., Inc.
  160 So. 3d 94· Fla. 4th DCA· 2015-03-11 ·cited 7×
  The court held that a judgment debtor's investment of homestead sale proceeds into mutual funds and unit investment trusts did not forfeit the protected status of those proceeds.
• Ezem v. Fed. Nat'l Mortg.
  153 So. 3d 341· Fla. 1st DCA· 2014-12-16 ·cited 7×
  A husband sought to intervene in foreclosure proceedings against his wife's home after a summary judgment was entered without his knowledge or participation. The court held that although the husband was not an original party, he had a sufficient legal and beneficial interest in t
• Willis v. RED Reef, Inc.
  921 So. 2d 681· Fla. 4th DCA· 2006-01-25 ·cited 7×
  The Willises and Giacomino appealed a judgment finding them liable for fraudulent transfers of corporate assets and imposing an equitable lien on the Willises' homestead property. The Fourth District Court of Appeal affirmed the fraudulent transfer liability but reversed the impo
• Partridge v. Partridge
  912 So. 2d 649· Fla. 4th DCA· 2005-09-21 ·cited 7×
  Benjamin Partridge appeals a foreclosure judgment on an equitable lien placed on his homestead property to satisfy unpaid spousal support obligations. The Fourth District Court of Appeal affirms, holding that homestead property can be subject to foreclosure through an equitable l
• Lisboa v. Dade Cnty. Prop. Appraiser
  705 So. 2d 704· Fla. 3d DCA· 1998-02-11 ·cited 7×
  Jose Lisboa, a legal immigrant with pending political asylum status classified as PRUCOL (permanently residing under color of law), appealed the denial of his homestead tax exemption. The Florida Third District Court of Appeal held that PRUCOL status satisfies the permanent resid
• Elmowitz v. The Est. of Gloria E. Zimmerman
  647 So. 2d 1064· Fla. 3d DCA· 1994-12-28 ·cited 7×
  The appellate court reversed a trial court order that reopened an estate and determined that real property, previously devised to a trust and found to have lost its homestead status, was still protected homestead for a beneficiary, holding that the property had indeed lost its ho
• In re Irwin Hyman v. Plotkin
  967 F.2d 1316· 9th Cir.· 1992-06-22 ·cited 7×
  A bankruptcy trustee may sell a debtor's homestead if the sale price exceeds the homestead exemption amount plus any liens and encumbrances, and post-petition appreciation of the homestead accrues to the bankruptcy estate, not the debtor.
• In re Advisory Opinion to the Attorney General-Homestead Valuation Limitation
  581 So. 2d 586· Fla.· 1991-07-03 ·cited 7×
  The Court held that the initiative petition and its proposed ballot summary comply with the single-subject requirement of the Florida Constitution and the statutory requirements for ballot summaries.
• Edward Leasing Corp. v. Uhlig
  652 F. Supp. 1409· S.D. Fla.· 1987-02-05 ·cited 7×
  The court held that the Uhligs' residence, even if used for business, is protected by homestead exemption, and the separate office building's status requires further factual determination.
• Wescott v. Wescott
  487 So. 2d 1099· Fla. 5th DCA· 1986-03-27 ·cited 7×
  The court affirmed a partition sale of the marital residence, holding that the wife's claim of homestead exemption did not preclude partition when she was uncooperative in selling or renting the home after the youngest child reached majority.
• Moorefield v. Byrne
  140 So. 2d 876· Fla. 3d DCA· 1962-05-15 ·cited 7×
  The court held that a conveyance of homestead property by a husband without his wife's joinder is void, and the homestead descends according to statutory provisions, not by will.
• Abernathy v. Gruppo
  119 So. 2d 398· Fla. 3d DCA· 1960-03-14 ·cited 7×
  The Abernatys obtained a judgment against Carolyn Gruppo and levied on her home. Gruppo claimed homestead exemption, but the court held that because her deceased husband (not she) was the head of the family during his lifetime, the property was not exempt from execution. The cour
• Gaston v. State
  106 So. 2d 622· Fla. 1st DCA· 1958-11-18 ·cited 7×
  Isaac Gaston appealed the trial court's denial of his application to be declared insolvent for purposes of appealing his criminal conviction at public expense. The Florida District Court of Appeal reversed, holding that the trial court improperly considered the combined family in
• Adams v. Clark
  48 Fla. 205· Fla.· 1904-06-01 ·cited 7×
  The Florida Supreme Court held that John Clark, a deceased homeowner, qualified as the head of a family entitled to homestead exemption from creditors' claims, even though his household included his granddaughter (whom he had informally adopted and supported from infancy) rather
• Flinn v. Doty
  214 So. 3d 683· Fla. 4th DCA· 2017-03-08 ·cited 6×
  Appellant challenges a foreclosure judgment on her homestead property, arguing it is exempt from forced sale. The court affirms the foreclosure of a $206,000 equitable lien securing mortgage payments appellant made from her parents' property proceeds, but reverses and remands reg
• Brklacic v. Parrish
  149 So. 3d 85· Fla. 4th DCA· 2014-09-03 ·cited 6×
  A married homeowner challenged the denial of a homestead property tax exemption on his Broward County residence on the ground that he and his wife established separate family units, each entitled to one exemption. The Florida appellate court affirmed that an intact marriage const
• Spikes v. Onewest Bank FSB
  106 So. 3d 475· Fla. 4th DCA· 2012-12-19 ·cited 6×
  The Spikes appealed a trial court decision imposing an equitable subrogation lien on their homestead and granting foreclosure. The court affirmed the subrogation lien but reversed to require an equitable vendor's lien for the full purchase money loan amount, holding that homestea
• Evaristo Beltran and Grisel Beltran v. Kalb
  63 So. 3d 783· Fla. 3d DCA· 2011-03-16 ·cited 6×
  The Third District Court of Appeal reversed the trial court's denial of a motion to vacate a sheriff's sale of homestead property, holding that both the ex-wife Carmen and ex-husband Evaristo maintained homestead interests in the marital residence that were exempt from forced sal
• Roberts v. Doyle
  43 So. 3d 654· Fla.· 2010-08-31 ·cited 6×
  The Florida Supreme Court affirmed a trial court's decision to remove Amendment 3 from the November 2010 ballot, finding that the ballot title and summary were misleading and failed to clearly inform voters of the amendment's chief purpose regarding homestead tax exemptions. The
• Sec. & Exch. Comm'n v. Solow
  682 F. Supp. 2d 1312· S.D. Fla.· 2010-01-22 ·cited 6×
  The court found the defendant in civil contempt for failing to comply with the final judgment, as his claimed inability to pay was self-created through dissipation of assets.
• Randazzo v. Randazzo
  980 So. 2d 1210· Fla. 3d DCA· 2008-04-30 ·cited 6×
  Elena Randazzo appeals the trial court's order imposing an equitable lien on her homestead property for her failure to pay $190,000 in equitable distribution to her former husband as required by their marital settlement agreement. The court affirmed, holding that egregious conduc
• Town OF Lake Park v. Grimes
  963 So. 2d 940· Fla. 4th DCA· 2007-09-05 ·cited 6×
  The Town of Lake Park appeals a trial court order awarding foreclosure sale surplus to former homeowners the Grimeses, claiming entitlement to the funds for code enforcement liens. The court reverses, holding that while homestead property itself is protected from code enforcement
• Page v. McMULLAN
  849 So. 2d 15· Fla. 1st DCA· 2003-03-18 ·cited 6×
  A party cannot use an amended pleading to add a claim for a subsequent tax year if that claim is time-barred by a statute of non-claim.
• State v. Pelsey
  779 So. 2d 629· Fla. 1st DCA· 2001-03-08 ·cited 6×
  The Florida Department of Revenue appealed a trial court judgment that prohibited it from levying on funds in a child support obligor's credit union account. The court held that funds obtained from a commercial mortgage loan are not exempt from child support levy merely because t
• Brose v. Brose
  750 So. 2d 717· Fla. 2d DCA· 2000-01-21 ·cited 6×
  The appellate court affirmed the trial court's order temporarily modifying alimony and ordering the sale of the former husband's homestead property, despite the former husband's appeal arguing for further reduction or suspension of alimony.
• Bakst, Cloyd & Bakst, P.A. v. Cole
  750 So. 2d 676· Fla. 4th DCA· 1999-12-22 ·cited 6×
  The appellate court affirmed the trial court's order finding that a former wife's homestead property was not subject to her former attorney's charging lien.
• Suntrust Bank/Miami, N.A. v. Athanasius A. Papadopolous
  740 So. 2d 594· Fla. 3d DCA· 1999-09-01 ·cited 6×
  The Florida District Court of Appeal affirmed that judgment liens obtained by banks do not attach to the proceeds of a homestead sale, even when proceeds are used to satisfy a second mortgage obtained for non-homestead purposes. The court held that homestead protection extends to
• Prieto v. E. Nat'l Bank
  719 So. 2d 1264· Fla. 3d DCA· 1998-11-04 ·cited 6×
  The Prietos sought declaratory judgment that their homestead property was exempt from a judgment lien recorded by Eastern National Bank. The lower court dismissed the action, but the bank conceded error on appeal, and the court reversed, holding that judgment debtors have the rig
• Crain v. Putnam
  687 So. 2d 1325· Fla. 4th DCA· 1997-01-29 ·cited 6×
  A person does not lose homestead tax exemption under Fla. Stat. § 196.101 when they are involuntarily removed from their home due to a medical condition and remain in a nursing home.