Berger v. Lewison

This is an appeal by the mortgagor Gertrude Berger and her attempted-intervenor husband Howard Berger from an adverse final judgment of mortgage foreclosure involving a condominium unit in which Mr. and Mrs. Berger resided. We affirm based on the following, briefly stated legal analysis.

First, the subject condominium unit was not a homestead estate under Article X, Section 4(a)(1) of the Florida Constitution (1968), because neither of the title owners of this unit, Gertrude Berger and her daughter Ina Felder, was the “head of the family” as required by the above constitutional provision in…