DONALD EARL CHURCH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• Myers v. Theodore Lehrer, M.D., 671 So. 2d 864 (Fla. 4th DCA 1996)
  …agreements, appellant was represented by counsel. The husband’s promise was given not to benefit a “hard creditor,” but to appellant’s wife, a person entitled to the protection of the homestead provision as to the marital home. Cf. Daniels v. Katz, 237 So. 2d 58 (Fla. 3d DCA 1970) (where the court held that the homestead provision precluded former husband from encumbering the former marital home without the consent of former wife, who resided on the property). In the context of the divorce, the husband’s pl…
• Hoskin v. Hoskin, 329 So. 2d 19 (Fla. 3d DCA 1976)
  …appellant. See Weed v. Knox, 1946, 157 Fla. 896, 27 So. 2d 419; Pollack v. Pollack, 1947, 159 Fla. 224, 31 So. 2d 253; Black v. Miller, Fla.App.1969, 219 So. 2d 106; Coggan v. Coggan, Fla.App. 1969, 230 So. 2d 34; and Daniels v. Katz, Fla.App.1970, 237 So. 2d 58. In all of these cases, there appears the basic proposition “ . . . that a trial judge in a divorce case has inherent authority to decree exclusive possession of entireties property to the wife, for use as her residence, even though subsequent to t…
• Miskin v. The City OF Fort Lauderdale, 661 So. 2d 415 (Fla. 4th DCA 1995)
  …to force sale of homestead property and does not invalidate the debt or hen. Milton v. Milton, 63 Fla. 533, 58 So. 718 (1912); Point East One Condominium Corp., Inc. v. Point East Developers, Inc., 348 So. 2d 32 (Fla. 3d DCA 1977); Daniels v. Katz, 237 So. 2d 58 (Fla. 3d DCA 1970). Thus, the constitutional prohibition takes priority over the debt or hen and renders the same unenforceable. Point East One Condominium Corp., Inc., 348 So. 2d at 36; Op.Att’y Gen.Fla. 85-26 (1985). The legislature recognized thi…