Rutherford v. Gascon

QUINCE, Judge.

Melvyn F. Rutherford (Rutherford), personal representative of the Estate of Eleanor R. Smith (Mrs. Smith), appeals the trial court’s order denying his petition to determine homestead rights and awarding damages on Don M. Gascon’s (Gascon), counterclaim. We reverse because there was no evidence to demonstrate that Mrs. Smith knowingly relinquished her homestead rights. We also reverse in part the damages awarded on Gascon’s counterclaim.

The property which is the subject of this appeal is a condominium located at 5200 Brittany Drive, St. Petersburg, Florida, owned by Mrs. Smith’s…