WEITZNER, ADMINISTRATOR, ET AL.

v.

UNITED STATES

Citator

Cited By (25 total)

• In re Est. of Garrett Edwin van Meter v. van Meter, 214 So. 2d 639 (Fla. 2d DCA 1968)
  …husband and wife must have existed at the time of the husband’s death, and the property must also have been occupied at the time of his death by the family, of which he was the head. Weitzner v. United States, C.C.A. 5 1962, 309 F. 2d 45, cert. den. 372 U.S. 913, 83 S.Ct. 727, 9 L.Ed.2d 720. Such is a homestead in the Constitutional sense. A home is not necessarily a homestead, even though it is occupied as a residence and even though the person so occupying it is the owner. The crucial qualifying feature…
• Holden v. Est. OF Mary Lee Gardner, 404 So. 2d 1169 (Fla. 1st DCA 1981)
  …elationship must have existed at the time of the owning spouse’s death and the property must have been occupied at the time of the owner’s death by the family of which he or she was head. Weitzner v. U.S., 309 F. 2d 45 (5th Cir. 1962), cert. denied, 372 U.S. 913, 83 S.Ct. 727, 9 L.Ed.2d 720. The key ingredient for the establishment of homestead property is that the resident owner must be the head of a family. A family relationship, for homestead purposes, is met by: (1) a legal duty to maintain arising out…
• REX Utils., Inc. v. Gaddy, 413 So. 2d 1232 (Fla. 3d DCA 1982)
  …re difficult if not impossible the means of proving the possible damaging results of [her] own act,” should have the burden of showing non-causation. See Gardner v. National Bulk Carriers, Inc., 310 F. 2d 284, 287 n. 4 (4th Cir. 1962), cert. denied, 372 U.S. 913, 83 S.Ct. 728, 9 L.Ed.2d 721 (1963).…