Anderson v. Letosky
Florida District Court of Appeal
304 So. 3d 801 (2020)
- Written by Tammy Boggs, JD
Facts
Richard Anderson (Richard Sr.) owned and occupied a single-family residence. The home had four bedrooms, three of which were rented out. Richard Sr. and his housemate-tenants shared use of the home’s common areas. After Richard Sr. died, his son Richard Anderson II (Richard Jr.) (plaintiff) sought a determination from the probate court that his father’s residence qualified for the homestead exemption. Some of Richard Sr.’s creditors, including Renee Letosky (defendants), held judgments against Richard Sr., which they sought to satisfy through a forced sale of the home. The probate court determined that because Richard Sr. had rented three of the four bedrooms, 75 percent of the property was not homestead. As a result, 75 percent of the property was subject to judgment liens, while the remaining 25 percent passed to heirs. Richard Jr. appealed.
Rule of Law
Issue
Holding and Reasoning (Casanueva, J.)
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