Homestead Exemption

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

• Robbins v. Welbaum
  664 So. 2d 1· Fla. 3d DCA· 1995-12-13 ·cited 6×
  The Florida District Court of Appeal held that homeowners who transfer their primary residence into a qualified personal residence trust (QPRT) remain entitled to a homestead tax exemption because they retain beneficial title and the property remains their permanent residence. Th
• Buscemi v. 6060 Realty Corp.
  654 So. 2d 197· Fla. 3d DCA· 1995-04-19 ·cited 6×
  Marie Buscemi appealed an order finding that her Miami Beach property was not her homestead in 1992 and 1993. The court reversed because the trial court abused its discretion by proceeding with the homestead hearing after her attorney's motion to withdraw was filed but not yet gr
• King v. King
  652 So. 2d 1199· Fla. 4th DCA· 1995-03-29 ·cited 6×
  A Florida appellate court upheld that a father's life estate in homestead property is exempt from forced sale despite a judgment obtained by his son for voluntarily paid expenses. The court found that the expenses—mortgage payments, condominium assessments, and maintenance—did no
• Bryant v. Carter Bryant
  621 So. 2d 574· Fla. 2d DCA· 1993-07-23 ·cited 6×
  Worker's compensation awards are not exempt from claims for child support, as child support is not considered a debt to a creditor.
• Downing v. State
  593 So. 2d 607· Fla. 5th DCA· 1992-02-14 ·cited 6×
  Loretta Downing, a 65-year-old on fixed income, was ordered to pay $14,500 restitution after a fire she negligently started destroyed her neighbor's property. When she could not pay the remaining balance despite good-faith efforts, the trial court found her in violation of probat
• Caggiano v. Butterworth
  583 So. 2d 347· Fla. 2d DCA· 1991-06-21 ·cited 6×
  The Second District Court of Appeal reversed a trial court's forfeiture of the appellant's homestead property under Florida's RICO Act, holding that Article X, Section 4 of the Florida Constitution protects homestead property from forfeiture even when used in criminal enterprise,
• In re the Est. OF Monique J. Hill v. Pollack
  552 So. 2d 1133· Fla. 3d DCA· 1989-10-10 ·cited 6×
  A natural son challenged his deceased mother's devise of her homestead condominium to her stepdaughter, arguing the homestead was inalienable and exempt from creditors' claims. The court affirmed, holding that because the decedent was not survived by a spouse or minor children, s
• In re Shearn Moody, Jr. v. Shearn Moody, Jr.
  862 F.2d 1194· 5th Cir.· 1989-01-12 ·cited 6×
  A debtor's fraudulent conveyances do not extinguish homestead rights under Texas law if the debtor never intended to abandon the homestead. The Texas Property Code limits a single adult's rural homestead to 100 acres.
• JOE T. Dehmer Distribs., Inc. v. Murry Owen Temple
  826 F.2d 1463· 5th Cir.· 1987-09-18 ·cited 6×
  The court held that Owen's conveyance of his interest in the Madison County property to Joyce was a fraudulent transfer because Owen was largely indebted and insolvent, and Joyce provided only nominal consideration. The court also held that Owen had abandoned his homestead rights
• LeSAVAGE v. White
  755 F.2d 814· 11th Cir.· 1985-03-20 ·cited 6×
  The court held that deputy Carpenter was entitled to qualified immunity on the § 1983 claims regarding Bernard's arrest and Audrey's Baker Act commitment, and that the malicious prosecution claim against the Whites should not have been tried. The common law battery claim against
• In re Commander Robert E. Bacchus v. Vince Taylor
  718 F.2d 736· 5th Cir.· 1983-10-31 ·cited 6×
  The court held that it lacked jurisdiction to hear the appeal because the district court's order reversing summary judgment and remanding for a hearing on a material fact issue was not a final order.
• Bankruptcy v. Morgan
  689 F.2d 471· 4th Cir.· 1982-08-30 ·cited 6×
  A debtor must comply with state law procedures to claim a homestead exemption in bankruptcy, even if federal law provides a mechanism for listing exemptions.
• In re The Est. OF W. J. Newman v. Humphreys
  413 So. 2d 140· Fla. 5th DCA· 1982-04-28 ·cited 6×
  The dissenting judge would reverse the order and remand the case for a new hearing.
• In re LaFORTUNE v. Naval Weapons Ctr. Fed. Credit Union
  652 F.2d 842· 9th Cir.· 1981-08-03 ·cited 6×
  The court held that the retroactive application of California Code of Civil Procedure section 690.235 unconstitutionally impaired pre-existing contractual obligations and that the judgment lien attached prior to the four-month bankruptcy window, thus the constable's sale was not
• Smith v. The Honorable James R. Stewart
  390 So. 2d 178· Fla. 4th DCA· 1980-11-19 ·cited 6×
  The court held that the appellant failed to establish he was the head of a family, either at law or in fact, and thus his property was not exempt as homestead from a forced sale.
• Killian v. Lawson
  362 So. 2d 1007· Fla. 4th DCA· 1978-09-27 ·cited 6×
  The Fourth District Court of Appeal held that a divorced man paying $1,000 monthly alimony as the sole support of his ex-wife qualifies for wage garnishment exemption under Florida law. The court rejected prior cases distinguishing divorced men from 'heads of family' by focusing
• In re Cecilia May Paderewski (Bankrupt). C. J. Paderewski v. Barrett
  564 F.2d 1353· 9th Cir.· 1977-11-28 ·cited 6×
  The court held that the bankrupt's interest in the community property was limited by the divorce decree, and her homestead exemption should be applied against her share of the net proceeds, not the gross proceeds.
• Barnett Bank OF Cocoa, N.A. v. Osborne
  349 So. 2d 223· Fla. 4th DCA· 1977-08-09 ·cited 6×
• Straughn v. Amoco Prod. Co.
  309 So. 2d 39· Fla. 2d DCA· 1975-02-12 ·cited 6×
  A leasehold interest in oil, gas, and minerals is subject to ad valorem real property taxation under § 193.481, F.S.1971, as it constitutes a taxable possessory interest in real property.
• Leander Carroll and Jessie J. Carroll v. Dougherty
  302 So. 2d 439· Fla. 2d DCA· 1974-10-18 ·cited 6×
  Florida court reversed summary judgment for specific performance of a homestead property contract because the contract was signed by only one witness initially, and the addition of a second witness by the broker created factual disputes precluding summary judgment.
• In re Knox v. Kal W. Lines
  463 F.2d 561· 9th Cir.· 1972-06-28 ·cited 6×
  The court held that bankruptcy courts have equitable discretion to permit late objections to a trustee's report under General Order 17, especially when the delay is minor and justified.
• Johnston v. The Cordell Nat'l Bank
  421 F.2d 1310· 10th Cir.· 1970-02-09 ·cited 6×
  The court held that the trial court erred in considering a homestead exemption claim filed after the complaint was instituted as determinative of citizenship for diversity jurisdiction.
• Kearney v. Lindon E. Saline
  208 So. 2d 650· Fla. 1st DCA· 1968-03-28 ·cited 6×
  Property owners sought intervention in a class suit affecting tax assessment procedures in Volusia County. The trial court denied their petition, but the appellate court reversed, holding that the ends of justice require intervention in this class suit where the original parties
• Barnett v. PAN Am. Sur. Co.
  139 So. 2d 192· Fla. 3d DCA· 1962-03-27 ·cited 6×
  Pan American Surety Company sought a declaratory judgment that Gwendolyn Barnett was not entitled to homestead exemption from a judgment lien. The court affirmed that upon Barnett's remarriage during the litigation, she ceased to be the head of family and lost the exemption, as a
• Simpson v. Simpson
  123 So. 2d 289· Fla. 2d DCA· 1960-09-07 ·cited 6×
  This case addresses whether a recorded mortgage securing future advances on property remains valid when the property acquires homestead status after the mortgage is recorded but before the loan is advanced. The court held that the mortgage becomes an effective lien from the date
• Monty Engel v. Engel
  97 So. 2d 140· Fla. 2d DCA· 1957-09-25 ·cited 6×
  The Florida Court of Appeal reversed the lower court's determination that a Palm Beach property was not the homestead of the testator Isador Engel at his death. The court held that the property qualified as a homestead based on the testator's actual overt acts establishing his in
• de Jonge v. Wayne
  76 So. 2d 273· Fla.· 1954-12-07 ·cited 6×
  The Florida Supreme Court affirmed that property acquired by a wife before her marriage to her current husband is not homestead property exempt from execution, even though the husband made mortgage payments and performed minor repairs after the marriage.
• Saint-Gaudens v. Penelope R. Bull (formerly Penelope R. Saint-Gaudens
  74 So. 2d 693· Fla.· 1954-09-28 ·cited 6×
  Homer Saint-Gaudens sought to subject the Cutler property to payment of a judgment against Penelope Bull, claiming the property was not her homestead and that Bull's conveyance to her daughter Cort was fraudulent. The Florida Supreme Court affirmed the trial court's finding that
• E. A. Lynch in Bankr. for the Ests. of Margaret A. Stotler & Robert L. Stotler v. Stotler
  215 F.2d 776· 9th Cir.· 1954-09-27 ·cited 6×
  A declaration of homestead is legally ineffective if it fails to state an estimate of the property's actual cash value, as required by statute.
• Sampsell v. Straub et ux.
  189 F.2d 379· 9th Cir.· 1951-05-22 ·cited 6×
  A homestead exemption recorded after bankruptcy adjudication is valid if state law permits, even if a judgment creditor could have obtained a lien by recording their judgment prior to the homestead recordation.
• Link v. Boeshans
  151 F.2d 322· 8th Cir.· 1945-09-24 ·cited 6×
  The court held that the district court did not err in affirming the conciliation commissioner's orders, as the findings were supported by substantial evidence and the proceedings were not clearly erroneous.
• Howard v. Calhoun
  155 Fla. 689· Fla.· 1945-03-09 ·cited 6×
  The Florida Supreme Court held that a landlord's statutory lien on a tenant's personal property placed in a rental apartment does not violate the constitutional exemption of personal property from forced sale, where the tenant voluntarily brought the property into the apartment k
• Winkler v. Neilinger
  153 Fla. 288· Fla.· 1943-07-09 ·cited 6×
  The court held that the seller offered a marketable title because the property's homestead status, as evidenced by the record, provided sufficient exemption from creditors' claims.
• Richard v. City of Fort Lauderdale
  146 Fla. 349· Fla.· 1941-03-11 ·cited 6×
  The Florida Supreme Court upheld the City of Fort Lauderdale's authority to issue refunding bonds under Chapter 15772, Acts of 1931, to refinance outstanding 1937 refunding bonds. The court rejected challenges that the bonds required voter approval, exceeded debt limits, or const
• State v. City of Tarpon Springs
  138 Fla. 649· Fla.· 1939-06-23 ·cited 6×
  The Florida Supreme Court upheld the City of Tarpon Springs' bankruptcy-approved refunding plan for its bonded indebtedness, rejecting six constitutional and statutory challenges to the validation decree issued by the Circuit Court.
• State v. City of Fort Pierce
  133 Fla. 424· Fla.· 1938-07-13 ·cited 6×
  The Florida Supreme Court upheld the validation of $3.456 million in refunding bonds issued by the City of Fort Pierce to refinance its outstanding bonded indebtedness at lower interest rates and extended maturity dates. The court rejected challenges based on constitutional homes
• Whidden v. Sunny S. Packing Co.
  120 Fla. 191· Fla.· 1935-06-24 ·cited 6×
  The Florida Supreme Court upheld enforcement of a citrus marketing contract between a grower and packing company against the grower's estate. The court held that such contracts survive the grower's death because they involve non-personal acts and convey an interest in the crops t
• Hooker v. Wiggins
  104 Fla. 355· Fla.· 1932-02-25 ·cited 6×
  The Florida Supreme Court addressed whether money collected by a sheriff under one execution could be applied by the sheriff to satisfy another execution against the execution creditor. The court held that such money is considered in the custody of the law and cannot be levied up
• Croker v. Croker
  S.D. Fla.· 1925-07-22 ·cited 6×
  Richard Croker acquired property in Florida and occupied it as his homestead with his wife until his death in 1922. His children challenged the validity of various conveyances and contracts affecting the homestead, arguing that the property descended to the widow and heirs under
• C. B. Witt Co. v. Mrs. S. A. Moody
  72 Fla. 459· Fla.· 1916-12-12 ·cited 6×
  C. B. Witt Company sued to recover debts owed by Mrs. S. A. Moody for merchandise sold to her mercantile business, seeking to subject her real estate to payment. The Florida Supreme Court reversed the lower court's grant of homestead exemption to the husband, holding that a marri
• Armour v. Doig
  45 Fla. 162· Fla.· 1903-01-01 ·cited 6×
  Armour & Company obtained a judgment against Harry A. Henry and sought to garnish funds held by Henry's assignee, David H. Doig, under a general assignment for the benefit of creditors. The Florida Supreme Court reversed the trial court's directed verdict for the garnishee, holdi
• Eckman & Vetsburg v. Meriam
  32 Fla. 425· Fla.· 1893-06-01 ·cited 6×
  Eckman & Vetsburg appealed a decree awarding F. B. Meriam $1,000 from funds in the court registry as a constitutional homestead exemption. The Florida Supreme Court held that the appellants' filing of a bond did not automatically create a supersedeas because no money judgment was
• Reuben Haynes v. Edmond McGeehee et ux.
  17 Fla. 159· Fla.· 1879-01-01 ·cited 6×
  A landlord sought equitable relief in chancery to compel payment of rent and supplies from a tenant's property. The Florida Supreme Court held that a landlord's remedy for rent is purely at law through distress or suit, and equity jurisdiction is unavailable absent a specific lie
• Michel v. Sammis
  15 Fla. 308· Fla.· 1875-06-01 ·cited 6×
  The court held that a homeowner could not use a new lawsuit to challenge a prior foreclosure decree, even if the property was a homestead, because the issue should have been raised in the original foreclosure proceedings or on appeal. This case reinforces the principle of res jud
• Stone v. Stone
  157 So. 3d 295· Fla. 4th DCA· 2014-11-12 ·cited 5×
  Dr. Ross Stone appealed a summary judgment in favor of his sister Nancy regarding the distribution of homestead property from their father Jerome Stone's estate. The court held that while the transfer of Jerome's interest to a Qualified Personal Residence Trust (QPRT) was not ini
• Pajares v. Conchita Donahue
  33 So. 3d 700· Fla. 4th DCA· 2010-03-17 ·cited 5×
  A decedent's primary residence loses its protected homestead status when the will directs that the property be sold and the proceeds divided among beneficiaries.
• Buchman v. Canard
  926 So. 2d 390· Fla. 3d DCA· 2005-12-14 ·cited 5×
  The court held that the appellant's argument regarding double-dipping was barred by the law of the case doctrine.
• Albritton v. Gen. Portland Cement Co.
  344 So. 2d 574· Fla.· 1977-03-31 ·cited 5×
  The court held that Florida Statute § 55.145 is constitutional as it does not deprive creditors of due process, impair contract obligations, or act as an ex post facto law.
• Quigley v. Kennedy & ELY Ins., Inc.
  207 So. 2d 431· Fla.· 1968-01-24 ·cited 5×
  A judgment lien does not attach to a vacant tract of land acquired by a judgment debtor after the lien was recorded, if that tract is contiguous to their existing homestead and the total acreage does not exceed the constitutional limit.
• Stewart v. Lizzie Powell
  158 Fla. 420· Fla.· 1947-01-28 ·cited 5×
  In this ejectment action, the Florida Supreme Court upheld a trial court's rejection of a tax deed as invalid proof of title. The court held that under the Murphy Act, a tax deed issued against homestead property before the statutory ten-year redemption period had expired was pre