J.R., A JUVENILE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Ilkanic v. City OF Fort Lauderdale, 705 So. 2d 1371 (Fla. 1998)
  …ntention that the imposition of the lien contravenes the protection of the homestead provided by article X, section 4 of the Florida Constitution. The legal effect of a statutory hen on homestead property was analyzed in Demura v. County of Volusia, 618 So. 2d 754 (Fla. 5th DCA 1993). In that case, landowners sued to quiet title to a homestead against a lien which had been imposed by the county for noncomphanee with an order of the code enforcement board. The county argued that the constitution only prohibits…
• Osborne v. Dumoulin, 55 So. 3d 577 (Fla. 2011)
  …ions of the Constitution.”); see, e.g., Ilkanic v. City of Fort Lauderdale, 705 So. 2d 1371, 1373 (Fla.1998) (“[T]he civil restitution lien [§ 960.293, Fla. Stat. (Supp.1994) ] cannot be a cloud on homestead property.”); Demura v. County of Volusia, 618 So. 2d 754, 756 (Fla. 5th DCA 1993) (“Although the statute [§ 162.09, Fla. Stat. (1991) ] merely provides that any lien created pursuant to an administrative fine may not be foreclosed on real property which is homestead, the Constitution itself goes much fart…
• Miskin v. The City OF Fort Lauderdale, 661 So. 2d 415 (Fla. 4th DCA 1995)
  …t be considered a judgment except for enforcement proceedings. § 160.09(3), Fla.Stat. (1993). Accordingly, the mere recording of the order in the instant ease does not constitute a cloud upon Miskin’s homestead property. Demura v. County of Volusia, 618 So. 2d 754 (Fla. 5th DCA 1993). However, if Miskin’s property somehow lost its homestead status, the City would be able to enforce the order as a lien against the property. Id. Accordingly, the trial court correctly determined that the Florida Constitution di…

Authorities Cited

• Bryant v. State, 599 So. 2d 1349 (Fla. 1st DCA 1992)