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Lewis v. Joseph

District Court of Appeal of Florida, Third District
Oct 16, 2002
827 So. 2d 1105 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 3D02-170

Opinion filed October 16, 2002.

An Appeal from the Circuit Court for Dade County, Any Steele Donner, Judge. Lower Tribunal No. 01-22333.

Dania S. Fernandez and David Mangiero, Miami, for appellant.

Howard L. Kuker, Miami, for appellees.

Before JORGENSON and LEVY, JJ., and NESBITT, Senior Judge.


Judgment creditor appeals from a summary judgment in favor of the judgment debtors in their action seeking a determination that their property was, in fact, homestead.

The trial court properly granted summary judgment. The judgment debtors presented uncontradicted evidence that they permanently and continuously resided on the property and that the property otherwise satisfied the criteria of Article X, section 4 of the Florida Constitution. Accordingly, the judgment against the debtors did not attach to the homestead. See, e.g., Elmowitz v. Estate of Zimmerman, 647 So.2d 1064 (Fla.3d DCA 1994); Law v. Law, 738 So.2d 522 (Fla. 4th DCA 1999).

AFFIRMED.


Summaries of

Lewis v. Joseph

District Court of Appeal of Florida, Third District
Oct 16, 2002
827 So. 2d 1105 (Fla. Dist. Ct. App. 2002)
Case details for

Lewis v. Joseph

Case Details

Full title:GLORIA LEWIS, Appellant, v. DENIS JOSEPH, et al., Appellees

Court:District Court of Appeal of Florida, Third District

Date published: Oct 16, 2002

Citations

827 So. 2d 1105 (Fla. Dist. Ct. App. 2002)