Indiana Lumbermens v. S C

Full title: INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY, Appellant, v. S C EXCAVATING…

Court: District Court of Appeal of Florida, Second District

Date published: Apr 30, 2002

813 So. 2d 993 (Fla. Dist. Ct. App. 2002)

Opinion

No. 2D01-1576.

March 20, 2002. Rehearing Denied April 30, 2002.

Appeal from the Circuit Court, Collier County, Ted H. Brousseau, J.

Richard S. Dellinger of Lowndes, Drosdick, Doster, Kantor Reed, P.A., Orlando, for Appellant.

William D. Kramer of William D. Kramer, P.A., Naples, for Appellee.

NORTHCUTT, Judge.

In postjudgment proceedings the circuit court denied Indiana Lumbermens Mutual Insurance Company's objection to the designation by Edward and Shirley Bonamase of certain real property as their homestead, thus exempting the property from levy. We reverse because a prior unappealed judgment of the United States Bankruptcy Court barred relitigation of this issue. See Stoll v. Gottlieb, 305 U.S. 165, 59 S.Ct. 134, 83 L.Ed. 104 (1938); Northcutt v. Robert J. Bryan, P.A, 775 So.2d 976 (Fla. 4th DCA 2000).

Reversed and remanded for further proceedings.

PARKER and CASANUEVA, JJ., Concur.