5D03-2645 Hazelett v. City of St. Cloud

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-2645

Case Date: 06/21/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2004

HARRY HAZELETT, Appellant, v. Case No. 5D03-2645

CITY OF ST. CLOUD, etc., Appellee. / Opinion Filed June 25, 2004 Non-Final Appeal from the Circuit Court for Osceola County, R. James Stroker, Judge. Brian M. Mark of Brian Michael Mark, P.A., Kissimmee, for Appellant. Kevin Knight of deBeaubien, Knight, Simmons, Mantzaris & Neal, LLP, Orlando, for Appellee. PLEUS, J. Hazelett appeals the denial of his emergency motion to vacate final judgment and lien sale. He argues that the final judgment and lien sale should have been vacated because his property was protected by homestead. The lower court conducted an evidentiary hearing on the homestead issue. As the property owner, Hazelett had the burden of establishing the homestead character of his property as of the time the lien attached. See Avila South Condominium Ass'n, Inc. Kappa Corp, 347 So. 2d 599, 605 (Fla. 1977). After conflicting

evidence was presented, the trial court found that the property was not protected by homestead status. We have reviewed the trial court's determination and find no error. AFFIRMED.

GRIFFIN and PALMER, JJ., concur.

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