INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY, APPELLANT,
v.
S & C EXCAVATING, INC., EDWARD BONAMASE AND SHIRLEY BONAMASE, APPELLEES

Fla. 2d DCA | 2002-03-20
No. 2D01-1576
PARKER and CASANUEVA, JJ., Concur.
813 So. 2d 993 Florida District Court of Appeal, Second District (2002) Positive Treatment
Cited by 6 cases
Opinion of the Court
NORTHCUTT, Judge.

NORTHCUTT, Judge.

In postjudgment proceedings the circuit court denied Indiana Lumbermens Mutual Insurance Company’s objection to the designation by Edward and Shirley Bonamase of certain real property as their homestead, thus exempting the property from levy. We reverse because a prior unap-pealed judgment of the United States Bankruptcy Court barred relitigation of this issue. See Stoll v. Gottlieb, 305 U.S. 165, 59 S.Ct. 134, 83 L.Ed. 104 (1938); Northcutt v. Robert J. Bryan, P.A., 775 So. 2d 976 (Fla. 4th DCA 2000).

Reversed and remanded for further proceedings.

PARKER and CASANUEVA, JJ., Concur.

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  • Black v. State, 819 So. 2d 208 (Fla. 1st DCA 2002)
    …2d 203 (Fla.1984); Allen v. State, 463 So. 2d 351 (Fla. 1st DCA 1985); Brehm v. State, 427 So. 2d 825 (Fla. 3d DCA 1983).” Zanger v. State, 548 So. 2d 746, 748 (Fla. 4th DCA 1989). See Fike v. State, 474 So. 2d 1192, 1192 (Fla.1985); State v. Croy, 813 So. 2d 993, 996 (Fla. 1st DCA 2002) (“The state charged a felony violation ... thereby conferring jurisdiction on the circuit court.”). The information in the present case alleged that substantive offenses as well as a conspiracy took place partly in Florida.…
  • State v. Maloy, 823 So. 2d 815 (Fla. 1st DCA 2002)
    …c statutory proscriptions addressing acts which otherwise might also be circumscribed by more general criminal provisions. See Adams v. Culver, 111 So. 2d 665 (Fla.1959); Burnett v. State, 737 So. 2d 1106 (Fla. 1st DCA 1998); see also State v. Croy, 813 So. 2d 993 (Fla. 1st DCA 2002). This also accords with the rule of lenity, which instructs that criminal statutes susceptible of differing constructions are to be interpreted in a manner most favorably to the accused. See State v. Rife, 789 So. 2d 288 (Fla.200…
  • State v. Trippitelli, 813 So. 2d 248 (Fla. 1st DCA 2002)
    …PER CURIAM. The State appeals an order dismissing the Information for lack of subject matter jurisdiction. For the reasons expressed in State v. Croy, 813 So. 2d 993 (Fla. 1st DCA 2002), we REVERSE and REMAND for further proceedings consistent with the opinion in Croy. ALLEN, C.J., MINER and DAVIS, JJ., concur.…

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