Walker v. Mickler

Full title: VIRGINIA WALKER, PETITIONER, vs. LAUNA G. MICKLER, ETC., RESPONDENT

Court: Supreme Court of Florida

Date published: Sep 18, 1997

699 So. 2d 687 (Fla. 1997)

Opinion

No. 89,992

September 18, 1997

Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions First District — Case No. 96-1543 (Duval County).

Thomas A. Daniel, Gainesville, Florida, for Petitioner.

William G. Noe, Jr., Atlantic Beach, Florida, for Respondent.

OVERTON, J.

We have for review the decision in Walker v. Mickler, 687 So.2d 1328 (Fla. 1st DCA 1997), which certified conflict with the opinion in Davis v. Snyder, 681 So.2d 1191 (Fla. 2d DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The instant case concerns whether a grandchild, as a lineal descendant, is entitled to the constitutional homestead provision's protections against creditors, even though the grandchild is not the closest consanguine heir of the testator. The same issue was certified by the Second District Court of Appeal in Davis as:

WHETHER ARTICLE X, SECTION 4, OF THE FLORIDA CONSTITUTION EXEMPTS FROM FORCED SALE A DEVISE OF A HOMESTEAD BY A DECEDENT NOT SURVIVED BY A SPOUSE OR MINOR CHILD TO A LINEAL DESCENDANT WHO IS NOT AN HEIR UNDER THE DEFINITION IN SECTION 731.201 (18), FLORIDA STATUTES (1993).

Davis, 681 So.2d at 1193. In Snyder v. Davis, No. 89,410 (Fla. Sept. 18, 1997), we answered that question in the affirmative.

Accordingly, for the reasons set forth in Davis, we approve the district court's decision in the instant case.

It is so ordered.

KOGAN, C.J., and SHAW, WELLS and ANSTEAD, JJ., concur.

GRIMES, J., dissents with an opinion.

HARDING, J., dissents with an opinion.

GRIMES, J., dissenting.

I dissent for the reasons expressed in my dissenting opinion inSnyder v. Davis, No. 89,410 (Fla. Sept. 18, 1997).

HARDING, J., dissenting.

I dissent for the same reasons I expressed in my dissent inSnyder v. Davis, No. 89,410 (Fla. Sept. 18, 1997).