BELTRAN & BELTRAN V. KALB

State: Florida

Court: Florida Third District Court

Docket No: 08-2688

Case Date: 03/16/2011

Preview:Third District Court of Appeal
State of Florida, January Term, A.D., 2011
Opinion filed March 16, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D08-2688 Lower Tribunal No. 90-9666 ________________

Evaristo Beltran and Grisel Beltran,
Appellants, vs.

Stuart R. Kalb, assignee of Tops All Roofing and Building Products, Inc., and Sunset Home Partners, Inc.,
Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Jon I. Gordon, Judge. Gina Ollivier-Tyler, for appellants. Mark Evans Kass, for appellee Sunset Home Partners, Inc.

Before SHEPHERD, ROTHENBERG, and LAGOA, JJ. LAGOA, J. Appellants, Grisel Beltran ("Grisel") and her father, Evaristo Beltran ("Evaristo"), appeal the trial court's order denying their motion to set aside/vacate

the sale of property to the appellee, Sunset Home Partners, Inc. ("Sunset Home"). Because the property was exempt from forced sale for the payment of creditor's claims pursuant to Florida's homestead law, Art. X,

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