Homestead Exemption

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

• Fleischer Studios v. Paxson
  147 Fla. 100· Fla.· 1941-05-13 ·cited 5×
  Fleischer Studios challenged the ad valorem taxation of its motion picture studio and equipment in Dade County, claiming exemption under Section 14, Article IX of the Florida Constitution, which exempted new motion picture studios from taxation for fifteen years. The Florida Supr
• State v. City of Clermont
  143 Fla. 434· Fla.· 1940-06-21 ·cited 5×
  The Florida Supreme Court affirmed a lower court's validation of refunding bonds and delinquent tax notes issued by the City of Clermont. The court addressed whether homesteads were liable for taxes to pay these obligations and whether a voter election was required for their issu
• Second Nat'l Bank of Wash. v. Richter
  110 Fla. 237· Fla.· 1933-05-13 ·cited 5×
  Second National Bank of Washington, D.C. sought to enforce a D.C. judgment against Florida property owned by Joseph Richter by filing a creditor's bill in Florida. The Florida Supreme Court affirmed dismissal of the bill as to real estate because Richter had established the prope
• Speed DRY, Inc. v. Anchor Prop. & Cas. Ins. Co.
  302 So. 3d 463· Fla. 5th DCA· 2020-08-20 ·cited 4×
  The Florida Constitution's homestead alienation provision does not prohibit the assignment of post-loss insurance benefits to a third-party contractor.
• Beach Club Towers Homeowners Ass'n, Inc. v. Jones
  231 So. 3d 566· Fla. 1st DCA· 2017-10-11 ·cited 4×
  Beach Club Towers Homeowners Association appeals a summary judgment requiring its condominium unit owners to pay ad valorem property taxes on the underlying land, arguing they are not equitable owners of the land. The Florida First District Court of Appeal reverses, holding that
• Nikolits v. Haney
  221 So. 3d 725· Fla. 4th DCA· 2017-05-31 ·cited 4×
  The Property Appraiser for Palm Beach County appealed a judgment declaring void corrected property valuations for tax years 2011-13 on homestead property. The court held that the corrected valuations constituted permissible mathematical corrections under Florida law, but reversed
• Nikolits v. Harlington and Helen Hanna
  92 So. 3d 299· Fla. 4th DCA· 2012-07-18 ·cited 4×
  The Florida Fourth District Court of Appeal held that property owners challenging the denial of a homestead tax exemption must comply with the jurisdictional requirements of section 194.171, Florida Statutes, including paying all property taxes for subsequent years before they be
• DE LA Mora v. Andonie
  51 So. 3d 517· Fla. 3d DCA· 2010-12-15 ·cited 4×
  Foreign nationals with temporary U.S. visas sought a homestead tax exemption for their Miami-Dade County property based on their three U.S.-citizen minor children's permanent residence there. The court affirmed the exemption, holding that Florida's constitutional homestead provis
• In re Amendments TO THE Fla. Rules OF Civil Procedure-Form 1.996 (Final Judgment OF Foreclosure)
  51 So. 3d 1140· Fla.· 2010-12-09 ·cited 4×
  The Florida Supreme Court approved further amendments to Form 1.996(a) (Final Judgment of Foreclosure) to accommodate flat-rate attorneys' fee agreements in mortgage foreclosure cases and to ensure compliance with the Protecting Tenants at Foreclosure Act of 2009 by removing an a
• Thomas v. Smith
  882 So. 2d 1037· Fla. 2d DCA· 2004-08-18 ·cited 4×
  The Taxpayers challenged Florida's requirement that homeowners disclose their social security numbers to obtain a homestead tax exemption, claiming it violated their constitutional right to privacy. The appellate court affirmed dismissal of their federal Privacy Act and Equal Pro
• Powell v. Markham
  847 So. 2d 1105· Fla. 4th DCA· 2003-06-18 ·cited 4×
  The Powells challenged the denial of the Save Our Homes constitutional cap on property tax assessment increases, arguing they were entitled to the cap despite never filing a homestead exemption application. The Fourth District Court of Appeal held that entitlement to the cap is n
• Cannon v. Cannon
  254 B.R. 773· S.D. Fla.· 2000-10-31 ·cited 4×
  A lien created by a state court's equitable distribution award in a divorce does not 'fix' on exempt homestead property under Florida law, and therefore cannot be avoided under 11 U.S.C. § 522(f)(1)(A).
• Jebailey v. Watsky & Co.
  676 So. 2d 1036· Fla. 5th DCA· 1996-06-28 ·cited 4×
  The court held that the daughter's testimony regarding the parents' intent to reinvest homestead sale proceeds into a new homestead created a genuine issue of material fact, precluding summary judgment.
• In re Sandor Chabot v. Sandor Chabot
  992 F.2d 891· 9th Cir.· 1993-04-16 ·cited 4×
  A junior judicial lien does not impair a debtor's homestead exemption if it does not diminish the exemption's value, and therefore cannot be avoided under 11 U.S.C. § 522(f).
• Frank and Brenda Barnes v. Camden Realty, Inc.
  578 So. 2d 20· Fla. 1st DCA· 1991-04-09 ·cited 4×
  The appellate court reversed a declaratory judgment, finding that a lower court improperly granted summary judgment. The case involved whether proceeds from a voluntary sale of homestead property were protected by homestead exemptions, a determination that required resolving disp
• Moore v. Rote
  552 So. 2d 1150· Fla. 3d DCA· 1989-11-07 ·cited 4×
  Moore appeals a declaratory judgment confirming that Rote's property qualified as homestead exempt under the 1968 Florida Constitution. The court affirmed, holding that Rote satisfied the homestead exemption requirements as head of household despite her youngest child reaching ma
• Sabin v. Butter
  522 So. 2d 939· Fla. 3d DCA· 1988-03-15 ·cited 4×
  The majority incorrectly determined that the lien was unenforceable solely based on possession, failing to consider the effect of the stipulated sale of the property.
• In re Simonson v. First Bank of Greater Pittston
  758 F.2d 103· 3d Cir.· 1985-03-25 ·cited 4×
  A debtor cannot use lien avoidance provisions to create equity in property where none exists after accounting for valid, unavoidable liens.
• State v. Johnston
  422 So. 2d 935· Fla. 5th DCA· 1982-11-03 ·cited 4×
  The court held that the trial court properly exercised its discretion in confirming the interim tax roll as final for Flagler County, finding it was not in the best interest of the public to reconcile the rolls due to significant local government disruption and financial hardship
• Sweeten v. Anderson
  414 So. 2d 258· Fla. 4th DCA· 1982-05-19 ·cited 4×
  A divorced father appealed a garnishment proceeding seeking to enforce a final judgment for child support arrearages. The court held that once child support arrearages are reduced to a final judgment, they fall outside the statutory exemption from wage garnishment, thus reversing
• Powell, Inc. v. Abney
  669 F.2d 348· 5th Cir.· 1982-03-05 ·cited 4×
  An equitable lien securing part of a judgment cannot be discharged by the judgment debtor paying an amount equal to the lien into court, especially when the debtor acted inequitably.
• Mrs. Sarah Jennings Carter v. United States ex rel. Dir. OF Internal Revenue
  399 F.2d 340· 5th Cir.· 1968-08-13 ·cited 4×
  The court held that the wife owned an undivided one-half interest in the property, free of federal tax liens, due to the authentic act of purchase and a valid manual donation of cash for her share.
• Giblin v. Beeler
  396 F.2d 584· 10th Cir.· 1968-06-20 ·cited 4×
  The court held that the trial court erred in granting judgments notwithstanding the verdict for the plaintiff on Note 2 and Note 5, and that the jury's verdicts on these notes should be reinstated.
• Cash v. Fla. Real Est. Comm'n & Earle L. Mann
  176 So. 2d 518· Fla. 2d DCA· 1965-06-16 ·cited 4×
  The court held that there was insufficient competent substantial evidence to support the Florida Real Estate Commission's findings of fraud and dishonest dealings by the petitioner.
• Gautier v. State of Fla. ex rel. Max Safra & Aurora Safra
  127 So. 2d 683· Fla. 3d DCA· 1961-03-09 ·cited 4×
  The Florida District Court of Appeal reversed a mandamus judgment that would have granted homestead tax exemption to owners of a single dwelling unit within a four-unit residential building. The court applied the Overstreet precedent, holding that the exemption must be calculated
• E. H. Spach In Bankr. of the Ests. of Earl Albert Kleb & Clarence Charles Gehm v. Kleb
  112 So. 2d 21· Fla. 3d DCA· 1959-05-14 ·cited 4×
  A bankruptcy trustee sought to impose an equitable lien on homestead properties of former partners to satisfy partnership creditors. The court held that converting partnership property into exempt homestead property prior to creditors obtaining liens does not constitute fraud on
• Smith et ux. v. Irvine et ux.
  68 So. 2d 567· Fla.· 1953-12-08 ·cited 4×
  In this interlocutory certiorari proceeding, the Florida Supreme Court reviewed whether plaintiffs could maintain an equitable action for a lien to secure damages arising from alleged fraud in the sale of a motel property. The Court held that plaintiffs' claim is legal in charact
• Leiter v. Steinbach
  184 F.2d 751· 5th Cir.· 1950-10-27 ·cited 4×
  A bankruptcy court lacks jurisdiction to determine the validity and effect of an assignment of homestead exemption when the contest is solely between the bankrupt and the assignee, after the exemption has been set aside.
• Myers v. Matley
  130 F.2d 775· 9th Cir.· 1942-09-15 ·cited 4×
  The court held that a wife's homestead exemption in Nevada is not created by operation of law upon a husband's bankruptcy filing if she has not previously complied with state statutory requirements for declaring a homestead.
• Smith v. St. Petersburg Novelty Works
  94 Fla. 540· Fla.· 1927-08-01 ·cited 4×
  Smith sought equity relief to clear judgment liens from his homestead property without any judgment creditor having attempted or threatened execution. The Florida Supreme Court affirmed dismissal of the bill because it failed to allege that the judgments were not for property pur
• Boshier v. Moeller
  83 Fla. 10· Fla.· 1922-01-16 ·cited 4×
  This case concerns whether a property qualifies for homestead exemption from forced sale. The court affirmed the lower court's decision, finding that the property, including its outbuildings used for business and housing for domestics, constituted a homestead.
• Raulerson v. Peeples
  81 Fla. 206· Fla.· 1921-02-16 ·cited 4×
  The Florida Supreme Court reversed interlocutory orders granting a temporary injunction and denying dissolution of that injunction in a case arising from a prior ejectment judgment. The court held that Peeples lacked independent equity for his bill seeking to stay execution of an
• W. C. Barclay and Wife v. Robertson
  67 Fla. 416· Fla.· 1914-04-29 ·cited 4×
  Robertson brought an ejectment action against W.C. Barclay and his wife for possession of 240 acres of land based on a sheriff's sale under execution. Barclay claimed the land was his homestead and introduced a deed to his wife to shield the property from creditors, but the trial
• Hart v. Sanderson's Administrators
  16 Fla. 264· Fla.· 1877-06-01 ·cited 4×
  This case involves a wife's attempt to avoid a mortgage on her homestead property by claiming she signed under duress and that the loan was not for improvements as stated in the mortgage. The court reversed the lower court's decree, finding procedural errors in how the plea and a
• Fitts v. Furst
  Fla. 2d DCA· 2019-09-13 ·cited 3×
  William and Nancy Fitts received a homestead tax exemption in Florida while simultaneously receiving a permanent residency-based tax exemption in Ohio through a third party's error, violating Florida law. The Property Appraiser recorded a tax lien on their Florida home and revoke
• Sharonit Amar Seligsohn v. Seligsohn
  259 So. 3d 874· Fla. 4th DCA· 2018-11-28 ·cited 3×
  The trial court erred in four respects: (1) ordering payment of guardian ad litem fees from homestead property, which violates constitutional homestead protections; (2) awarding blanket ultimate decision-making authority over all parenting issues, which is incompatible with share
• Venice L. Endsley v. Broward Cnty.
  189 So. 3d 938· Fla. 4th DCA· 2016-03-23 ·cited 3×
  Venice Endsley challenged removal of her homestead tax exemption on her Florida property after the Broward County Property Appraiser discovered that she and her husband were each receiving residency-based property tax exemptions—she in Florida and he in Indiana—during the same ti
• Barton v. Oculina Bank
  26 So. 3d 640· Fla. 4th DCA· 2010-01-20 ·cited 3×
  Lewis Barton appeals a summary judgment granting Oculina Bank an equitable mortgage on his residential property. The court reversed because a genuine dispute of material fact exists regarding whether the property qualifies as Barton's homestead, which would exempt it from foreclo
• Nadrich v. Nadrich
  872 So. 2d 994· Fla. 4th DCA· 2004-05-12 ·cited 3×
  A husband appeals from a contempt order for non-payment of temporary alimony and support. The trial court imposed an equitable lien on his post-separation homestead and an income deduction order. The appellate court reverses the lien and income deduction order but affirms the con
• Colwell v. Royal Int'l Trading Corp.
  226 B.R. 714· S.D. Fla.· 1998-10-14 ·cited 3×
  A married couple living separately in individually owned properties, each claimed as a homestead for tax purposes, can claim dual homestead exemptions in bankruptcy under Florida law, absent evidence of fraud.
• In re Est. OF John A. Scholtz
  525 So. 2d 516· Fla. 4th DCA· 1988-06-01 ·cited 3×
• Flannery v. Green
  482 So. 2d 400· Fla. 2d DCA· 1985-12-04 ·cited 3×
  A person is not entitled to a homestead exemption if they do not qualify as the head of a family, either by legal duty of support or by factual communal living and charge.
• Dean v. Heimbach
  409 So. 2d 157· Fla. 1st DCA· 1982-01-28 ·cited 3×
  William Dean and his sons appealed a judgment that set aside their conveyances of homestead property and allowed attachment by a judgment creditor. The court reversed, holding that homestead property is exempt from creditor claims and cannot be fraudulently conveyed because credi
• Long v. Hayslip
  227 F.2d 555· 5th Cir.· 1955-11-23 ·cited 3×
  The court held that the bankrupt's fraudulent conveyance did not deprive him of his homestead exemption because the prior jury finding of fraud was not res judicata on the issue of concealment and the bankrupt did not waive his right to present further evidence.
• Fla. Indus. Comm'n v. Coleman
  154 Fla. 744· Fla.· 1944-07-25 ·cited 3×
  Property exempt as a homestead is only liable for taxes or assessments against it, not other taxes or debts of the owner.
• Bd. of Pub. Instruction v. State ex rel. The Peabody Seating Co. & Hughes-Law Lumber Co.
  146 Fla. 93· Fla.· 1941-02-11 ·cited 3×
  The court held that a tax levy can be made against homesteads to pay prior judgments, regardless of constitutional provisions.
• Ethelyn Neef Bishop v. First Old State Bank
  142 Fla. 190· Fla.· 1940-03-01 ·cited 3×
  This case concerns whether a sixty-acre property was exempt from forced sale as a homestead. The appellate court affirmed the lower court's decision, finding no abuse of discretion in denying a temporary restraining order and dismissing the bill of complaint.
• Seashole v. O'Shields
  139 Fla. 839· Fla.· 1939-07-28 ·cited 3×
  This case involves a dispute over whether a small estate ($626.71) left by a deceased head of family should be set aside to his widow as exempt personal property or used to pay funeral and undertaking expenses. The Florida Supreme Court affirmed that the property, being less than
• Storrs v. Storrs
  139 Fla. 270· Fla.· 1939-07-14 ·cited 3×
  H. C. and Evelyn Storrs sought review of a circuit court order that vacated a sheriff's sale but denied restitution and stayed proceedings, involving competing claims of homestead exemption and a third-party claim to property levied under execution. The Florida Supreme Court quas
• State v. Town of Gulfport & Pasadena Golf Course, Inc.
  138 Fla. 505· Fla.· 1939-06-06 ·cited 3×
  The Town of Gulfport sought validation of refunding bonds and certificates of indebtedness issued pursuant to a bankruptcy reorganization plan. The Florida Supreme Court affirmed the validation decree, holding that homesteads in the town remain subject to taxation for refunding o