M.O. LOGUE SOD SERVICE, INC., APPELLANT,
v.
ALICE SUSAN LOGUE, APPELLEE

Fla. 2d DCA | 1982-11-17
No. 82-753
HOBSON and GRIMES, JJ., concur.
422 So. 2d 71 Florida District Court of Appeal, Second District (1982) Positive Treatment
Cited by 11 cases

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Synopsis

In a dispute over homestead property rights following a husband's sudden disappearance, the court held that the husband retained family headship and homestead status despite leaving his home, and that this status continued until the dissolution judgment was entered, protecting the wife's and minor child's interest in the property.


Holding

The husband did not abandon the homestead and retained family headship from the date of his departure until the entry of the dissolution judgment. Homestead status continued in the husband throughout this period, and the trial court properly awarded the home to the wife as lump sum rehabilitative alimony and/or special equity.


Headnotes

[1] Homestead law is to be liberally construed for the benefit of those it was designed to protect.

[2] Once homestead status is acquired, it continues until abandoned or alienated according to law.

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Key Quotes

“the homestead law is to be liberally construed for the benefit of those whom it was designed to protect”

Establishes the fundamental principle that guides homestead law interpretation in favor of protection

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Facts & Procedural History

The husband abruptly left the family home on October 18, 1980, saying he was going to a nearby store and would return, but never came back. He left be…

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Topics

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Opinion of the Court
OTT, Chief Judge.

OTT, Chief Judge.

Within a period of slightly less than six months (1) appellee’s former husband suddenly disappeared from the family home, titled in his name alone, leaving all of his possessions with appellee and their minor child, (2) appellee filed for dissolution of marriage, (3) appellant obtained a judgment against the husband, and (4) the court in the dissolution proceeding awarded the parties’ home to appellee as lump sum rehabilitative alimony “and/or” a special equity. In an action against appellant to quiet her title to this property, appellee established (1) that the husband was family head prior to his departure, and (2) that she and the minor child continued to reside on the property until it was awarded to her. In support of its claim that the homestead was legally abandoned by the husband, appellant argues here that husband’s headship terminated immediately upon his disappearance from his home and family. Appellant relied almost exclusively on the fact that, after his departure, no support was furnished the family by the husband other than that afforded by his personal possessions and the shelter of the home. The wife was forced to subsist on welfare and food stamps. She borrowed money from her mother to meet the mortgage payments on the home until she could secure title through the dissolution proceedings. The trial judge concluded that the evidence did not establish abandonment of the homestead by the husband, that the husband continued to be the family head following his departure, and that homestead in him continued until the property was awarded to appellee.

Neither of the parties has found a decision involving these precise facts and our own research has disclosed none.

We start with the following premises: (1) the homestead law is to be liberally construed for the benefit of those whom it was designed to protect, LaGasse v. Aetna Insurance Co., 213 So. 2d 454, 459 (Fla.2d DCA 1968); (2) when homestead status has been acquired, it continues until the homestead is abandoned (normally evidenced by the establishment of a domicile at some other place) or alienated in the manner provided by law, Marsh v. Hartley, 109 So. 2d 34, 38 (Fla.2d DCA 1959); and (3) continuous uninterrupted physical presence is not required to create a homestead. Poppel v. Padrick, 117 So. 2d 435, 436-437 (Fla.2d DCA 1959).

We are impressed with the circumstances attending the husband’s departure and the relatively short period of time which elapsed between his departure and the entry of judgment in the dissolution action. On October 18, 1980, the husband left the parties’ home saying he was going to the nearby 7-Eleven and would be right back. He did not take his clothing, automobile, or other possessions or close his bank account. Appellee filed for dissolution of marriage on November 3, 1980, for the primary purpose, it appears, of securing the title to the home for the support and benefit of herself and the minor child. Appellant obtained a default final judgment against the husband on December 24, 1980. Appellant is owned by the father of appel-lee’s former husband, and the husband either worked for or certainly was very closely associated with his father’s business until his abrupt and apparently totally unexpected disappearance. The final judgment in dissolution was entered April 16, 1981.

Under the circumstances of this case, we are unable to fault the finding and conclusion of the trial judge that headship of the family continued in the husband from the date of his departure until the entry of judgment dissolving the marriage. He, as the trier of fact, obviously concluded that appellant’s evidence fell short of establishing abandonment or loss of the constitutional protection of the homestead for the benefit of the wife and minor child.

The judgment is AFFIRMED.

HOBSON and GRIMES, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Cain v. Cain, 549 So. 2d 1161 (Fla. 4th DCA 1989)
    …the husband’s homestead. In re: Estate of Melisi, 440 So. 2d 584 (Fla. 4th DCA 1983). Once homestead status is acquired, it continues until the homestead is abandoned or alienated in the manner provided by law. M.O. Logue Sod Service, Inc. v. Logue, 422 So. 2d 71, 72 (Fla. 2d DCA 1982), review denied, 430 So. 2d 451 (Fla.1983). To show abandonment, both the owner and his family must have abandoned the property. Nationwide Financial Corp. of Colorado v. Thompson, 400 So. 2d 559 (Fla. 1st DCA 1981). In the in…
  • In re Est. OF Randolph A. Skuro, 487 So. 2d 1065 (Fla. 1986)
    …that when homestead status has been acquired, it continues until the homestead is abandoned (normally evidenced by the establishment of domicile at some other place) or alienated in the manner provided by law. M.O. Logue Sod Service, Inc. v. Logue, 422 So. 2d 71 (Fla. 2d DCA 1971), citing Marsh v. Hartley, 109 So. 2d 34, 38 (Fla. 2d DCA 1959). We approve of that statement and find that it should be applied here. Skuro had not abandoned the property, but actually resided there at his death. While he had sign…
  • In re the Est. OF Randolph A. Skuro, 467 So. 2d 1098 (Fla. 4th DCA 1985)
    …ead status thus affects a property owner’s rights concerning encumbrances, alienation, and devise. This homestead provision is to be construed liberally for the benefit of those whom it was designed to protect. M.O. Logue Sod Service, Inc. v. Logue, 422 So. 2d 71, 72 (Fla. 2d DCA 1982), rev. denied, 480 So. 2d 451 (Fla.1983); LaGasse v. Aetna Insurance Co., 218 So. 2d 454, 459 (Fla. 2d DCA 1968). Once homestead status has been acquired, it continues until the homestead is abandoned or alienated in the manner…

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