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827 So. 2d 1105

Lewis v. Joseph

District Court of Appeal of Florida

Decided October 16, 2002

District Court of Appeal of Florida · decided 2002-10-16

Relies on 738 So. 2d 522 - Law v. Law · 647 So. 2d 1064 - Elmowitz v. Estate of Zimmerman

Decided 2002-10-16

PER CURIAM.

¶1Judgment creditor appeals from a summary judgment in favor of the judgment debtors in their action seeking a determination that their property was, in fact, homestead.

¶2The trial court properly granted summary judgment. The judgment debtors presented uncontradicted evidence that they permanently and continuously resided on the property and that the property otherwise satisfied the criteria of Article X, section 4 of the Florida Constitution. Accordingly, the judgment against the debtors did not attach to the homestead. See, e.g., Elmowitz v. Estate of Zimmerman, 647 So.2d 1064 (Fla. 3d DCA 1994); Law v. Law, 738 So.2d 522 (Fla. 4th DCA 1999).

¶3AFFIRMED.

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