Louth v. Williams

District Court of Appeal of Florida

Louth v. Williams

659 So. 2d 409, 1995 Fla. App. LEXIS 8254, 1995 WL 456266

District Court of Appeal of Florida·Decided August 2, 1995·No. No. 94-00927·Published·Cited by 1 cases

Opinion

PER CURIAM.

The former husband, James Robert Louth, challenges an order awarding attorney’s fees and costs to his former wife, Mariellen Williams. The order, dated December 3, 1992, ordered Mr. Louth to pay attorney’s fees and costs and attempted to secure the [410] payment of those amounts by placing a lien on Mr. Louth’s home. We reverse that portion of the order which attempted to establish a lien on Mr. Louth’s home, but affirm in all other respects.

It is undisputed that Mr. Louth’s home constituted homestead property and, therefore, absent certain exceptions not present in this case, the property is not subject to forced sale. Art. X, § 4, Fla. Const. See Cain v. Cain, 549 So.2d 1161 (Fla. 4th DCA 1989).

We, accordingly, reverse and remand with instructions to strike that portion of the trial court’s order which attempts to establish a lien on Mr. Louth’s property.

Affirmed in part, reversed in part, and remanded.

SCHOONOVER, A.C.J., and PATTERSON and QUINCE, JJ., concur.

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PER CURIAM.

The former husband, James Robert Louth, challenges an order awarding attorney’s fees and costs to his former wife, Mariellen Williams. The order, dated December 3, 1992, ordered Mr. Louth to pay attorney’s fees and costs and attempted to secure the [410] payment of those amounts by placing a lien on Mr. Louth’s home. We reverse that portion of the order which attempted to establish a lien on Mr. Louth’s home, but affirm in all other respects.

It is undisputed that Mr. Louth’s home constituted homestead property and, therefore, absent certain exceptions not present in this case, the property is not subject to forced sale. Art. X, § 4, Fla. Const. See Cain v. Cain, 549 So.2d 1161 (Fla. 4th DCA 1989).

We, accordingly, reverse and remand with instructions to strike that portion of the trial court’s order which attempts to establish a lien on Mr. Louth’s property.

Affirmed in part, reversed in part, and remanded.

SCHOONOVER, A.C.J., and PATTERSON and QUINCE, JJ., concur.

Louth v. Williams, 659 So. 2d 409, 1995 Fla. App. LEXIS 8254, 1995 WL 456266 (Fla. Ct. App. 1995).

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Opinion

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