Southern Walls, Inc. v. Stilwell Corp.

810 So. 2d 566, 2002 Fla. App. LEXIS 2913, 2002 WL 360035
CourtDistrict Court of Appeal of Florida
DecidedMarch 8, 2002
Docket5D01-1705
StatusPublished
Cited by25 cases

This text of 810 So. 2d 566 (Southern Walls, Inc. v. Stilwell Corp.) 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
Southern Walls, Inc. v. Stilwell Corp., 810 So. 2d 566, 2002 Fla. App. LEXIS 2913, 2002 WL 360035 (Fla. Ct. App. 2002).

Opinion

810 So.2d 566 (2002)

SOUTHERN WALLS, INC., etc., Appellant,
v.
STILWELL CORPORATION and Andrew O. Stilwell, Appellees.

No. 5D01-1705.

District Court of Appeal of Florida, Fifth District.

March 8, 2002.

*568 Thomas H. Rydberg of The Rydberg Law Firm, P.A., Tampa, for Appellant.

Michael J. Appleton of Marlowe, Appleton & Weatherford, P.A., Winter Park, for Appellees.

SAWAYA, J.

Southern Walls, Inc. (Southern), the plaintiff below, appeals from the partial summary judgment in favor of Andrew Stilwell (Stilwell). The judgment holds that Stilwell's cooperative apartment (coop) is exempt from forced sale to satisfy a judgment obtained by Southern because the co-op qualifies for the homestead exemption provided in article X, section 4(a)(1) of the Florida Constitution.

The issue we must resolve is whether a co-op constitutes a homestead under Florida law so as to render it exempt from forced sale under article X, section 4(a)(1). Our research indicates that neither the Florida Supreme Court nor the District Courts of Appeal have resolved this specific issue. In order for this court to do so, we will discuss 1) the factual background of the instant case; 2) the homestead exemption, including the general provisions thereof, the ownership interest (the nature of the title and estate) necessary for an individual to claim the exemption, and the nature of the residence; 3) the ownership interest an individual acquires in a co-op; and 4) how the legal principles we distill from our discussion apply to the facts of the instant case.

I. Factual Background

It is not necessary to fully discuss the procedural course this case has taken to bring this issue before us. Suffice it to say that Southern initiated a breach of contract action against Stilwell and his former company, Stilwell Corporation, and ultimately obtained a judgment in its favor. With the judgment unsatisfied, Southern attempted to collect the money owed it by Stilwell. As part of that endeavor, Southern filed a motion requesting proceedings supplementary wherein it sought to have the unsatisfied execution against Stilwell's co-op enforced. The trial court allowed the proceedings supplementary. Thereafter, Stilwell filed his motion for partial summary judgment, contending that the co-op constituted his homestead and that it was exempt from forced sale. After conducting a hearing on the motions, the trial court ruled in Stilwell's favor.

Southern argues that a co-op is not homestead property that qualifies for protection under article X, section 4(a)(1) because of the rather unique way in which title to the property is held and the ownership interest an individual has in a co-op. In order to determine whether Southern is correct, we will next discuss the general provisions of the homestead exemption.

II. The Homestead Exemption

A. In General

We begin our analysis by noting that the concept of homestead will be given different meanings depending on the *569 context in which it is used. Homestead has significance in the law relating to devise and descent, taxation, and exemption from forced sale. See Snyder v. Davis, 699 So.2d 999, 1001 (Fla.1997) ("Our constitution protects Florida homesteads in three distinct ways."). For example, in Bowers v. Mozingo, 399 So.2d 492, 493 (Fla. 3d DCA 1981), the court stated:

This case is governed by Article X, Section 1, Constitution of the State of Florida (1885), which exempts a homestead from forced sale and provides that no judgment or execution shall be a lien thereon. Clearly, this is a different thing than homestead exemption, as defined for tax purposes. Doing v. Riley, 176 F.2d 449 (5th Cir.1949). Therefore, the appellee's reliance on Article X, Section 7, Constitution of the State of Florida (1885) is misplaced.

In In Re Estate of Wartels, 357 So.2d 708 (Fla.1978), the court held that a co-op is not homestead for purposes of the laws relating to devise and descent. However, in Ammerman v. Markham, 222 So.2d 423 (Fla.1969), the court held that a co-op may qualify as homestead for purposes of taxation. This dichotomy reveals that there is no definition of homestead that may be used with precision in all cases and that Wartels and Ammerman are not necessarily controlling regarding the issue of whether a co-op qualifies as homestead for purposes of exemption from forced sale under article X, section 4(a)(1). See, e.g., In re Dean, 177 B.R. 727 (Bankr.S.D.Fla. 1995) (holding that Wartels is limited to cases involving devise and descent and that it is clearly distinguishable from cases involving homestead exemption from forced sale).

In the instant case, we are concerned with the concept of homestead under the provisions of article X, section 4(a)(1), which exempts homestead property from forced sale with limited exceptions not applicable here. See Smith v. Smith, 761 So.2d 370 (Fla. 5th DCA 2000); see also Havoco of Am., Ltd. v. Hill, 790 So.2d 1018 (Fla.2001); Butterworth v. Caggiano, 605 So.2d 56 (Fla.1992); Dyer v. Beverly & Tittle, P.A., 777 So.2d 1055 (Fla. 4th DCA 2001). Thus, our focus will be limited to the homestead exemption within this context.

"[T]he purpose of the homestead exemption is to promote the stability and welfare of the state by securing to the householder a home, so that the homeowner and his or her heirs may live beyond the reach of financial misfortune and the demands of creditors who have given credit under such law." Snyder, 699 So.2d at 1002 (citation omitted). "Homestead" is broadly defined by the Florida Constitution as

[P]roperty owned by a natural person... to the extent of one hundred sixty acres of contiguous land and improvements thereon ...; or if located within a municipality, to the extent of one-half acre of contiguous land, upon which the exemption shall be limited to the residence of the owner or the owner's family.

Art. X, § 4(a)(1), Fla. Const. (emphasis supplied); see also Gold v. Schwartz, 774 So.2d 879 (Fla. 4th DCA 2001).

Although this definition quantifies the amount of real property that may encompass a homestead, it does not define "owned." In other words, it does not designate how title to the property is to be held and it does not limit the estate that must be owned, i.e., fee simple, life estate, or some lesser interest. Moreover, it does not define the nature of the dwelling that may constitute a "residence." This court must now interpret these terms. We undertake this task mindful that, as a matter of policy as well as construction, the Florida *570 courts have consistently held that the exemption should be liberally construed in favor of protecting the family home and those whom it was designed to protect. See Hill, 790 So.2d at 1020 (citing Milton v. Milton, 63 Fla. 533, 58 So. 718 (1912)); see also Snyder, 699 So. at 1002 (citations omitted). We begin with the concept of ownership.

B. Ownership: Title And Estate

In ascertaining the ownership interest (the nature of the title and the estate) that is necessary to claim the homestead exemption, we find guidance in decisions of rather ancient vintage which adopted the general rule that the individual claiming homestead exemption need not hold fee simple title to the property. See Bessemer Props., Inc. v. Gamble, 158 Fla. 38, 27 So.2d 832 (1946). In Coleman v. Williams,

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810 So. 2d 566, 2002 Fla. App. LEXIS 2913, 2002 WL 360035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-walls-inc-v-stilwell-corp-fladistctapp-2002.