CLAUDE LEE SIMONS, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Taylor v. Maness, 941 So. 2d 559 (Fla. 3d DCA 2006)
  …homestead exemption as defined for tax purposes. S. Walls, Inc. v. Stilwell Corp., 810 So. 2d 566, 569 (Fla. 5th DCA 2002). Failure to claim the homestead tax exemption is not evidence that property is not in fact homestead. Pierrepont v. Humphreys, 413 So. 2d 140, 143 (Fla. 5th DCA 1982). Thus, we conclude that there is no genuine issue of material fact that the Marathon Property constitutes the Manesses’ homestead property and consequently is protected from forced sale by the court in this instance. In rea…
• Cutler v. Cutler, 994 So. 2d 341 (Fla. 3d DCA 2008)
  …intent on the part of the owner to create or maintain a certain piece of property as his homestead, but arises and attaches from the mere existence of certain facts in combination of place and time. Pierrepont v. Humphreys (In re Estate of Newman), 413 So. 2d 140, 142 (Fla. 5th DCA 1982). Homestead is not all for the benefit of the homesteader. See Walker v. Mickler, 687 So. 2d 1328, 1331 (Fla. 1st DCA 1997). At the moment of Edith’s death, her residence became “protected homestead” in Cynthia. It automatica…
• Quiroga v. Citizens Prop. Ins. Corp., 34 So. 3d 101 (Fla. 3d DCA 2010)
  …of Dade County v. Lopez, 531 So. 2d 946, 951 (Fla.1988) (“The homestead protection has never been based upon principles of equity.”) (citing Bigelow v. Dunphe, 143 Fla. 603, 197 So. 328, 330 (1940)); Pierrepont v. Humphreys (In re Newman’s Estate), 413 So. 2d 140, 142 (Fla. 5th DCA 1982) (“The homestead character of a piece of property ... arises and attaches from the mere existence of certain facts in combination in place and time.”). Affirmed. . Article X, section 4(a) reads as follows insofar as pert…