Davis v. Davis
Florida District Court of Appeal
864 So. 2d 458 (2003)
- Written by Liz Nakamura, JD
Facts
Horace Davis, a testate decedent, owned property consisting of less than 160 contiguous acres located outside the boundaries of any municipality. Horace resided on the property with his wife, Carolyn Davis (plaintiff). On the property, separate from the residence, Horace operated a mobile-home park, which generated income. Horace’s will did not leave the property to Carolyn. After Horace’s death, Carolyn petitioned to have the entire property, including the residence and the mobile-home park, declared a homestead and subject to homestead protections to ensure she could retain the property, and the improvements thereon, as a life estate. Horace Edwin Davis (Edwin) (defendant), as personal representative for Horace’s estate, did not object to the classification of Horace and Carolyn’s residence as a homestead but did object to the inclusion of the mobile-home park on the property within the homestead boundaries. Edwin argued that Florida’s homestead-exemption statute limited the scope of its protections to the residence alone, regardless of whether the property was located within a municipality or not. The trial court ruled that the mobile-home park was not part of the homestead. Carolyn appealed.
Rule of Law
Issue
Holding and Reasoning (Allen, J.)
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