Legal Opinion · Concurrence

Beltran v. Kalb

District Court of Appeal of Florida

Decided March 16, 2011No. 3D08-2688Published

1Concurrence

SHEPHERD, J.,

specially concurring.

The only salient fact necessary to the resolution of this case is the undisputed fact that from January 2, 1990, the date the Final Judgment of Dissolution of the Beltrans’ marriage was entered, to April 6, 2007, the day Evaristo quitclaimed his interest in the former marital residence to Grisel, Grisel resided on the property. This is so based upon the plain language of article X, section 4(a)(1) of the Florida Constitution, which states:

§ 4. Homestead; exemptions(a) There shall be exempt from forced sale under process of any court, and no judgment, decree…

2Cases cited5 opinions

  1. H. Weston Lumber Co. v. Lacey Lumber Co.Mississippi Supreme Court · 1920
  2. Clark v. CoxSupreme Court of Florida · 1920
  3. Wilson v. Florida Nat. Bank & Trust Co. at MiamiSupreme Court of Florida · 1953
  4. Nationwide Financial Corp. of Colorado v. ThompsonDistrict Court of Appeal of Florida · 1981
  5. Pierrepont v. HumphreysDistrict Court of Appeal of Florida · 1982

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