Walker v. Mickler

OVERTON, Justice.

We have for review the decision in Walker v. Mickler, 687 So.2d 1328 (Fla. 1st DCA 1997), which certified conflict with the opinion in Davis v. Snyder, 681 So.2d 1191 (Fla. 2d DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The instant case concerns whether a grandchild, as a lineal descendant, is entitled to the constitutional homestead provision’s protections against creditors, even though the grandchild is not the closest consanguine heir of the testator. The same issue was certified by the Second District Court of Appeal in Davis as:

WHETHER ARTICLE X,…