Gagnon v. Rich

Full title: ALFRED RAYMOND GAGNON, APPELLANT, v. C. EDWARD RICH, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Jan 16, 1990

554 So. 2d 20 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-357.

December 13, 1989. Rehearing Denied January 16, 1990.

An appeal from the Duval County Circuit Court, Bill Parsons, Judge.

John Paul Howard, Jacksonville, for appellant.

C. Edward Rich and Marsha M. Brown, Jacksonville, for appellee.

PER CURIAM.

AFFIRMED.

SMITH and MINER, JJ., concur.

ZEHMER, J., concurs with opinion.

ZEHMER, Judge. (concurring).

I concur in the affirmance of the appealed order solely for the reason that on this record the trial judge was entitled to find as fact that appellant did not in good faith intend to reinvest the proceeds from the sale of the alleged homestead in the purchase of another homestead. I do not accept appellant's argument that under no circumstances can a creditor's lien attach to the proceeds of such sale.