Maria Teresa Costantini Gomes v. Victor Maniglia

• Court: District Court of Appeal of Florida
• Decided: April 30, 2025
• Docket: 3D2024-1551
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed April 30, 2025. Not final until disposition of timely filed motion for rehearing.

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No. 3D24-1551 Lower Tribunal No. 20-17447-CA-01 ________________

Maria Teresa Costantini Gomes, Appellant,

vs.

Victor Maniglia, Appellee.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Reemberto Diaz, Judge.

The Hink Law Firm, P.A., and Ronald R. Hink, for appellant.

J. Muir & Associates, P.A., and Jane W. Muir, for appellee.

Before MILLER, GORDO, and BOKOR, JJ.

PER CURIAM. Affirmed. See Patten v. Mokher, 184 So. 29, 30 (Fla. 1938) (“As to

residents of Florida, the Circuit Courts have jurisdiction over them regardless

of the county in which they reside and when reached by summons, they

become subject to the orders and decrees of the Court.”); Art. VII, § 6(a),

Fla. Const. (“Every person who has the legal or equitable title to real estate

and maintains thereon the permanent residence of the owner, or another

legally or naturally dependent upon the owner, shall be exempt from taxation

thereon . . . .”); § 196.015(5), (6), Fla. Stat. (2018) (defining factors property

appraiser considers in determining homestead claim, including voter

registration and valid Florida driver license); § 196.031(1)(a), Fla. Stat.

(2018) (“A person who, on January 1, has the legal title or beneficial title in

equity to real property in this state and who in good faith makes the property

his or her permanent residence . . . is entitled to a[] [homestead]

exemption . . . .”); Snyder v. McLeod, 971 So. 2d 166, 169 (Fla. 5th DCA

2007) (noting permanent Florida residents are subject to personal

jurisdiction, defining residency elements, and noting driver’s licenses and

voter registration are permissible for demonstrating residency).