PADAVAN v. NAUGLE
3:25-cv-00034
N.D. Fla.Jun 12, 2025Background
- The Court previously granted partial summary judgment in favor of Plaintiff, Lorraine M. Padavan, invalidating the deed that allowed Defendant, Linda L. Naugle, to occupy Plaintiff’s deceased husband’s former homestead (the Halcyon Circle property).
- Defendant appealed this judgment to the Eleventh Circuit and sought a stay of the Court’s judgment pending appeal.
- Plaintiff opposed the stay, and an evidentiary hearing was held on the motion.
- The Court found discrepancies in Defendant’s claim that the Halcyon property was her primary residence, including lack of a homestead exemption, retention of a New York driver’s license, and other property ownership in New York and Florida.
- Defendant would not be homeless if required to vacate, as she owns or controls other properties and possesses substantial inherited funds.
- The Court denied the motion to stay and ordered Defendant to vacate the property either in 30 days or, if an appeal is pursued, 30 days after an adverse decision from the Eleventh Circuit.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Validity of deed under Florida law | Deed is invalid under FL Constitution and case law | Deed is valid and should not be invalidated | Deed invalid, judgment stands |
| Likelihood of success on appeal | Little to no risk of reversal | Strong possibility of reversal | No strong showing of success |
| Irreparable injury if stay denied | Defendant has alternate housing, injury is not irreparable | Will suffer irreparable harm if evicted | Injury not irreparable, limited weight |
| Public interest | Public interest does not strongly favor stay | Public interest in stability of occupancy | Slightly against granting stay |
Key Cases Cited
- Nken v. Holder, 556 U.S. 418 (standard for stay pending appeal, emphasizing strong likelihood of success and irreparable injury)
- League of Women Voters of Fla., Inc. v. Fla. Sec’y of State, 32 F.4th 1363 (factors for granting a stay pending appeal)
- Reinish v. Clark, 765 So. 2d 197 (public interest in protecting surviving spouse’s homestead)
- In re Estate of Sholtz, 543 So. 2d 219 (scope of Florida homestead protections)
- Johnson v. U.S. Dep’t of Agriculture, 734 F.2d 774 (defining irreparable injury in the context of loss of home)