STATE OF FLORIDA, APPELLANT,
v.
SARAH S. HARRIS, APPELLEE

Fla. | 1978-04-04
No. 52496
OVERTON, C. J., and BOYD, ENGLAND, SUNDBERG, HATCHETT and KARL, JJ., concur., ADKINS, J., dissents.
357 So. 2d 708 Florida Supreme Court (1978) Caution
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed. State v. Harris et al., 356 So. 2d 315 (Fla.1978).

It is so ordered.

OVERTON, C. J., and BOYD, ENGLAND, SUNDBERG, HATCHETT and KARL, JJ., concur. ADKINS, J., dissents.


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    …g than homestead exemption, as defined for tax purposes. Doing v. Riley, 176 F. 2d 449 (5th Cir.1949). Therefore, the appellee’s reliance on Article X, Section 7, Constitution of the State of Florida (1885) is misplaced. In In Re Estate of Wartels, 357 So. 2d 708 (Fla.1978), the court held that a co-op is not homestead for purposes of the laws relating to devise and descent. However, in Ammerman v. Markham, 222 So. 2d 423 (Fla.1969), the court held that a co-op may qualify as homestead for purposes of taxati…
  • Vista Ctr. Venture v. Unlike Anything, Inc., 603 So. 2d 576 (Fla. 5th DCA 1992)
    …ly, factual issues that are not triable as a matter of right before a jury such as in probate or equity cases may be tried at the discretion of the trial court before an advisory jury. In Re Wartels’ Estate, 338 So. 2d 48 (Fla. 3d DCA1976) affirmed, 357 So. 2d 708 (Fla.1978); In Re Fanelli’s Estate, 336 So. 2d 631 (Fla. 2d DCA1976); Gulf Life Insurance Company v. Urquiaga, 251 So. 2d 904 (Fla. 2d DCA1971). Where the parties have effectively waived their right to a common law jury trial there is no right to su…
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