ANNETTE CORBITT, AND HER HUSBAND, BOBBY CORBITT, APPELLANTS,
v.
CITY OF BONIFAY, APPELLEE; LUCILLE HOLLEY, AND HER HUSBAND, WHITSON M. HOLLEY, APPELLANTS, V. CITY OF BONIFAY, APPELLEE

Fla. 1st DCA | 1981-12-11
Nos. AD-254, AD-449
ERVIN, BOOTH and THOMPSON, JJ., concur.
407 So. 2d 971 Florida District Court of Appeal, First District (1981) Positive Treatment
Cited by 8 cases

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Synopsis

The court determined that the real property in question was the decedent's homestead at the time of his death and therefore not subject to devise, passing instead to his surviving spouse under intestate succession laws.


Holding

The real property constituted the decedent's homestead and was not subject to devise because he was survived by his spouse.


Facts & Procedural History

The decedent's real property was his homestead at the time of his death. He was survived by his spouse. The proponent of the will failed to prove by c…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants/plaintiffs appeal summary judgments entered in favor of appellee/defendant in consolidated lawsuits arising out of an automobile accident. We reverse. The record discloses numerous issues of material fact which preclude summary disposition of these cases. Holl v. Talcott, 191 So. 2d 40 (Fla.1966); McKay v. Motley, 343 So. 2d 668 (Fla. 2nd DCA 1977).

REVERSED and REMANDED for proceedings consistent with this opinion,

ERVIN, BOOTH and THOMPSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Circle Mortg. Corp. v. Kline, 645 So. 2d 75 (Fla. 4th DCA 1994)
    …ement and amount. Where a final judgment explicitly reserves jurisdiction to determine attorney’s fees, the issue of attorney’s fees is not ripe for review. See Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994); Rec Centers, Inc. v. Shaughnessy, 407 So. 2d 971 (Fla. 4th DCA 1981). [*80] We therefore affirm the judgment of reformation and remand with directions to the trial court to order the Klines to execute whatever documents are necessary to achieve that result. We further direct that any monies being…
  • Preudhomme v. Garth F. Bailey, 211 So. 3d 127 (Fla. 4th DCA 2017)
    …id not make a ruling awarding fees, nor is there such an order in the record, we dismiss that portion of the appeal as premature. See Security Nat. Mortg. Co. v. Reid, 185 So. 3d 1265, 1266 (Fla. 4th DCA 2016) (citing REC Ctrs., Inc. v. Shaughnessy, 407 So. 2d 971, 975 (Fla. 4th DCA 1981)). Pertinent Facts and Trial Proceedings The final judgment dissolving Appellant’s marriage to Appellee Garth Bailey and the resulting post-dissolution proceedings before the trial court have had numerous appearances before…
  • Sec. Nat'l Mortg. Co. v. Crevan O. Reid, 185 So. 3d 1265 (Fla. 4th DCA 2016)
    …servation of jurisdiction to award attorney’s fees. However, because the lower court has not entered an order awarding a specific amount of attorney’s fees, we dismiss this portion of the appeal as not being ripe. See REC Ctrs., Inc. v. Shaughnessy, 407 So. 2d 971, 975 (Fla. 4th DCA 1981). Quashed in part and dismissed in part. WARNER, GROSS and LEVINE, JJ., concur.…

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