Public-domain · open source
OpenJurist

659 So. 2d 409

Louth v. Williams

District Court of Appeal of Florida · decided 1995-08-02

Cited by 1 later decisions — most recently April 2000

1 state decisions

Relies on 549 So. 2d 1161 - Cain v. Cain

Good law ✅— No negative treatment on recordhow we know

Decided 1995-08-02

View the full empirical analysis of this case →

PER CURIAM.

¶1The former husband, James Robert Louth, challenges an order awarding attorney’s fees and costs to his former wife, Mariellen Williams. The order, dated December 3, 1992, ordered Mr. Louth to pay attorney’s fees and costs and attempted to secure the *410payment of those amounts by placing a lien on Mr. Louth’s home. We reverse that portion of the order which attempted to establish a lien on Mr. Louth’s home, but affirm in all other respects.

¶2It is undisputed that Mr. Louth’s home constituted homestead property and, therefore, absent certain exceptions not present in this case, the property is not subject to forced sale. Art. X, § 4, Fla. Const. See Cain v. Cain, 549 So.2d 1161 (Fla. 4th DCA 1989).

¶3We, accordingly, reverse and remand with instructions to strike that portion of the trial court’s order which attempts to establish a lien on Mr. Louth’s property.

¶4Affirmed in part, reversed in part, and remanded.

SCHOONOVER, A.C.J., and PATTERSON and QUINCE, JJ., concur.
/659/so2d/409 · .json · Public domain