Lewis v. Joseph

District Court of Appeal of Florida

Lewis v. Joseph

827 So. 2d 1105, 2002 Fla. App. LEXIS 15117, 2002 WL 31307081

CourtDistrict Court of Appeal of Florida

DecidedOctober 16, 2002

DocketNo. 3D02-170

StatusPublished

Cited by1 cases

This text of 827 So. 2d 1105 (Lewis v. Joseph) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lewis v. Joseph, 827 So. 2d 1105, 2002 Fla. App. LEXIS 15117, 2002 WL 31307081 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

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.

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PER CURIAM.

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.

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827 So. 2d 1105, 2002 Fla. App. LEXIS 15117, 2002 WL 31307081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-joseph-fladistctapp-2002.

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