City Nat. Bank of Florida v. Tescher

We have for review City National Bank v. Tescher, 557 So.2d 615 (Fla. 3d DCA 1990), in which the Third District Court of Appeal construed article X, section 4 of the Florida Constitution as approving the authority of a decedent to devise homestead property when survived by adult children and a spouse who has waived homestead rights. We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and approve the decision below.

This case involves the applicability of article X, section 4(c) of the Florida Constitution1 to the devise of homestead2 property when the owner is survived by…