Brown v. LewisBrown v. Lewis
ORDER
Before the Court are motions for summary judgment filed by defendant Russell L. Lewis and plaintiffs Elsie E. Brown and Fern L. Graber. Plaintiffs brought this diversity action to foreclose a judgment lien on real estate in Citrus County, Florida, formerly owned by defendant Frances M. Brown and since May 15, 1979 owned by defendant Lewis. Defendants contend that the property in question was protected by the Florida homestead exemption, pursuant to Article X, Section 4 of the Florida Constitution and Florida Statutes 222.19, when it was sold on May 15, 1979 and that, therefore, the judgment lien never attached to the property.
On August 15, 1974 the Circuit Court of the Fifth Judicial Circuit in and for Citrus County, Florida entered a Final Summary Judgment in favor of plaintiffs Elsie E. Brown and Fern L. Graber and against defendant Frances M. Brown and her husband Lester D. Brown, jointly and severally, in the amount of $21,187.37. Plaintiffs subsequently recorded the Final Summary Judgment as a judgment lien on real property owned by defendant Brown and her husband Lester D. Brown as tenants by the entirety and located in Citrus County, Florida.
When the judgment lien was recorded, defendant Brown and her husband were residing on the property in question. In May or June of 1978 defendant Brown and her husband went to Michigan, where they had previously resided, to obtain medical care for her husband who was seriously ill. They left their furniture in their home in Citrus County, intending to maintain their permanent residence in Florida. Defendant Brown’s husband died on June 30,1978 and, as the surviving spouse, title to the property located in Citrus County vested in defendant Brown by operation of law. During the summer and fall of 1978, defendant Brown stayed in Michigan with her son, intending to return to Florida in the winter. In February 1979, defendant returned to her home in Florida. Approximately two weeks after arriving in Florida, defendant Brown determined that she could not live alone in Florida and on March 7, 1979 executed a contract for the sale of the Citrus County property to defendant Lewis. Shortly thereafter defendant Brown moved to Michigan and established her permanent residence there. On May 15, 1979, the sale of the Citrus County property was closed and title was conveyed to defendant Lewis. In connection with the sale, defendant Lewis executed a purchase money mortgage and promissory note in the amount of $40,000 payable to defendant Brown.
Defendants do not contest the validity of plaintiffs’ judgment lien but contend that the property was protected from the lien by the homestead exemption at the time of its sale to defendant Lewis on May 15, 1979. Plaintiffs. have acknowledged the applicability of the homestead exemption prior to the execution of the contract for the sale of the property on March 7, 1979, but argue that prior to the closing of the sale and conveyance of the deed on May 15,1979, the property lost its homestead status when defendant Brown vacated the property and established her permanent residence in Michigan. Plaintiffs argue that, therefore, the judgment lien attached to the property prior to the closing of the sale and conveyance of the deed.
A motion for summary judgment may be granted only if “there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of
The Florida homestead exemption should be liberally construed in favor of the homestead claimant.
Graham v. Azar,
When homestead property is sold, the title acquired by the grantee is immune from the claims of the grantor’s creditors.
Bessemer Properties, Inc. v. Gamble,
The status of property as a homestead is terminated when the owner abandons the property.
Hillsborough Inv. Co. v. Wilcox, supra. A
determination of whether there has been an abandonment of property so as to terminate its homestead status must be based on the facts and circumstances of each case.
Jacksonville v. Bailey,
The issue presented in the instant case is whether defendant Brown abandoned the property so as to terminate its homestead status when she vacated the property in March shortly after the execution of the contract for the sale of the property on March 7, 1979, but prior to the conveyance of the title on May 15, 1979. The Florida District Court of Appeal for the Fourth District confronted this issue in
Beensen v. Burgess,
In the instant case, as in
Beensen,
the owner of the homestead property vacat
Accordingly, because no material factual issue exists, the Court will grant defendant Lewis’ motion for summary judgment and deny plaintiffs’ motion for summary judgment. As a result of the Court’s determination that the judgment lien never attached to the property and cannot be foreclosed, the cause against defendant Brown must also be dismissed since the relief sought cannot be granted.
It is, therefore,
ORDERED:
1. That defendant Russell L. Lewis’ motion for summary judgment is hereby granted.
2. That plaintiffs’ cause against defendant Russell L. Lewis is hereby dismissed with prejudice.
3. That plaintiffs’ cause against defendant Frances M. Brown is hereby dismissed with prejudice.
4. That plaintiffs’ motion for summary judgment is hereby denied.
5. That all other pending motions are hereby denied as moot.
6. That costs are hereby taxed against plaintiffs pursuant to Rule 54(d) of the Federal Rules of Civil Procedure.