02-0170 GLORIA LEWIS V. DENIS JOSEPH

State: Florida

Court: Florida Southern District Court

Docket No: 3d02-0170

Case Date: 10/16/2002

Plaintiff: 02-0170 GLORIA LEWIS

Defendant: DENIS JOSEPH

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

GLORIA LEWIS, Appellant, vs. DENIS JOSEPH, et al., Appellees.

** ** ** ** ** CASE NO. 3D02-170 LOWER TRIBUNAL NO. 01-22333

Opinion filed October 16, 2002. An Appeal from the Circuit Court for Dade County, Any Steele Donner, Judge. Dania S. Fernandez and David Mangiero, for appellant. Howard L. Kuker, for appellees.

Before JORGENSON and LEVY, JJ., and NESBITT, Senior Judge.

PER CURIAM. Judgment creditor appeals from a summary judgment in favor of the judgment debtors in their action seeking a determination that their property was, in fact, homestead.

The trial court properly granted summary judgment. The judgment debtors presented uncontradicted evidence that they permanently and continuously resided on the property and that the property otherwise satisfied the criteria of Article X, section 4 of the Florida Constitution. Accordingly, the judgment against the debtors did not attach to the homestead. See, e.g., Elmowitz v. Estate of Zimmerman, 647 So. 2d 1064 (Fla. 3d DCA 1994); Law v. Law, 738 So. 2d 522 (Fla. 4th DCA 1999). AFFIRMED.

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