From Casetext: Smarter Legal Research

BUENO v. BUENO DE KHAWLY

District Court of Appeal of Florida, Third District
Nov 9, 1994
643 So. 2d 1174 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-322.

October 12, 1994. Rehearing Denied November 9, 1994.

Appeal from the Circuit Court, Dade County, Allen Kornblum, J.

George Earl Brown, and Jeanne Heyward, Miami, for appellant.

Stephen L. Raskin, and Steven M. Greenberg, South Miami, for appellees.

Before BASKIN, JORGENSON and GERSTEN, JJ.


Appellant, Carmen Sofia Bueno (Bueno), appeals a final judgment holding that the real property purchased by her deceased husband was not homestead property. We affirm the trial court's finding that the deceased voluntarily abandoned the property without an intent to return. The property, therefore, lost its status as the homestead of the deceased. See Cain v. Cain, 549 So.2d 1161 (Fla. 4th DCA 1989); Burdick v. Burdick, 399 So.2d 410 (Fla. 3d DCA 1981). This decision is without prejudice to allow Bueno to seek other relief she may have under Florida law.

Affirmed.


Summaries of

BUENO v. BUENO DE KHAWLY

District Court of Appeal of Florida, Third District
Nov 9, 1994
643 So. 2d 1174 (Fla. Dist. Ct. App. 1994)
Case details for

BUENO v. BUENO DE KHAWLY

Case Details

Full title:CARMEN SOFIA BUENO, APPELLANT, v. FRANCIA ISABEL BUENO DE KHAWLY, ET AL.…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 9, 1994

Citations

643 So. 2d 1174 (Fla. Dist. Ct. App. 1994)

Citing Cases

Bueno v. de Khawly

Jacobson v. Humana Medical Plan, Inc., 636 So.2d 120, 121 (Fla. 3d DCA 1994). The ultimate issue on appeal in…