green
Positive treatment
Quoted verbatim 2×
20.7 score
“the character of property as a homestead depends upon an actual intention to reside thereon as a permanent place of residence, coupled with the fact of residence.”
Treatment trajectory · 1946 → 2026 · click a year to view as-of
1946
1986
2026
Top citers, strongest first. 21 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
Advance Credit, Inc. v. Ronny Gamboa
the character of property as a homestead depends upon an actual intention to reside thereon as a permanent place of residence, coupled with the fact of residence.
cited
Cited as authority (rule)
Vito Badalamenti, Jr
Co. v. Wilcox, 13 So. 2d 448, 452 (Fla. 1943)).
discussed
Cited as authority (rule)
In re Gamboa
(2×)
Co. v. Wilcox, 152 Fla. 889 , 13 So.2d 448, 452 (Fla. 1943).
cited
Cited as authority (rule)
In re Cannon
Fla. 2010)(quoting Hillsborough Investment Co. v. Wilcox, 152 Fla. 889 , 13 So.2d 448, 452 (1943)).
cited
Cited as authority (rule)
McCarty v. Myers
Co. v. Wilcox, 152 Fla. 889 , 13 So.2d 448, 453 (1943) (emphasis added).
cited
Cited as authority (rule)
In Re Watford
Co. v. *558 Wilcox, 152 Fla. 889 , 13 So.2d 448, 452 (1943)).
cited
Cited as authority (rule)
Barton v. Oculina Bank
Co. v. Wilcox, 152 Fla. 889 , 13 So.2d 448, 452 (1943).
discussed
Cited as authority (rule)
In Re Harle
In Florida, “[t]he homestead character of a property ‘depends upon an actual intention to reside thereon as a permanent place of residence, coupled with the fact of residence.’ ” In re Bennett, 395 B.R. 781, 789 (Bankr.M.D.Fla.2008) (quoting Hillsborough Investment Co. v. Wilcox, 152 Fla. 889 , 13 So.2d 448, 452 (1943)).
discussed
Cited as authority (rule)
In Re Bennett
The homestead character of a property “depends upon an actual intention to reside thereon as a permanent place of residence, coupled with the fact of residence.” Hillsborough Investment Co. v. Wilcox, 152 Fla. 889 , 13 So.2d 448, 452 (1943); see also Orange Brevard Plumbing & Heating Co. v. La Croix, 137 So.2d 201 (Fla.1962) (holding that “intent alone is not a sufficient basis for the establishment of a homestead” (emphasis in original)).
discussed
Cited as authority (rule)
In Re Franzese
In re Brown, 165 B.R. 512, 514 (Bankr.M.D.Fla.1994) (holding homestead established by actual use and occupancy coupled with an actual intent to live permanently in a house); Hillsborough Investment Co. v. Wilcox, 152 Fla. 889 , 13 So.2d 448, 452 (1943) (noting it is well-settled that homestead status is established by the actual intention to live permanently in a residence, actual use and occupancy).
discussed
Cited as authority (rule)
In Re Brown
Under Florida law, it is well settled that a homestead is established by “actual intention to live permanently in a place, [sic] coupled with actual use and occupancy.” Colwell v. Royal Int’l Trading Corp., 226 B.R. 714, 719 (S.D.Fla.1998)(quoting In re Brown, 165 B.R. 512, 514 (Bankr.M.D.Fla.1994) and citing Hillsborough Investment Co. v. Wilcox, 152 Fla. 889 , 13 So.2d 448, 451 (1943)); see also, In re Mead, 255 B.R. 80, 84 (Bankr.S.D.Fla.2000).
cited
Cited as authority (rule)
In Re Lee
Hillsborough Investment Co. v. Wilcox, 152 Fla. 889 , 13 So.2d 448, 450 (1943); In re *599 Brown, 165 B.R. 512, 514 (Bankr.M.D.Fla.1994).
discussed
Cited as authority (rule)
In Re Edward Englander
Co. v. Wilcox, 152 Fla. 889, 891 , 13 So.2d 448, 450 (1943) 20 Tullis v. Tullis, 360 So.2d 375, 377 (Fla.1978) 21 Id., 360 So.2d at 378 22 In re Kuver, 70 B.R. 190, 192-193 (Bank.S.D.Fla.1986); In re Makarewicz, 126 B.R. 127, 128 (Bank.S.D.Fla.1991) 23 In re Kuver, 70 B.R. at 192 24 In re Aliotta, 68 B.R. 281, 282 (Bankr.M.D.Fla.1986); In re Rodriguez, 55 B.R. 519 (Bankr.S.D.Fla.1985) 25 In re Wierschem, 152 B.R. 345, 347 (Bankr.M.D.Fla.1993) (holding that rural property that exceeded the residency limitation was subject to the same administration as In re Englander, 156 B.R. 862 (Bankr.M.D.Fl…
cited
Cited as authority (rule)
In Re Wierschem
Hillsborough Investment Co. v. Wilcox, 152 Fla. 889, 894 , 13 So.2d 448, 451 (1943).
cited
Cited "see"
Matter of Adoption of Cottrill
See Fielding v. Highsmith, 152 Fla. 837 , 13 So.2d 208 (1943).
cited
Cited "see"
Van Eepoel v. Justice
See Fielding v. Highsmith, 152 Fla. 837 , 13 So.2d 208 , and Bourn v. Hinsey, 134 Fla. 404 , 183 So. 614 .
cited
Cited "see"
State Ex Rel. Hicks v. Cain
See Fielding v. Highsmith, 152 Fla. 837 , 13 So. (2nd) 208 .
cited
Cited "see"
Soucek v. Melvin
See Fielding v. Highsmith, 152 Fla. 837 , 13 So. (2nd) 208 ; In re: Whetstone v. Minor, 137 Fla. 712 , 188 So. 576 .
discussed
Cited "see, e.g."
Colwell v. Royal International Trading Corp.
See id. (citing Semple v. Semple, 82 Fla. 138, 89 So. 638 (1921)); see also Hillsborough Investment Co. v. Wilcox, 152 Fla. 889 , 13 So.2d 448, 451 (Fla.1943) (it is well-settled that homestead status is established by the actual intention to live permanently in a place coupled with actual use and occupancy).
Retrieving the full opinion text from the archive…
Violet Van Natta Ide, a Widow
v.
City of St. Cloud, Florida, a Municipal Corporation.
v.
City of St. Cloud, Florida, a Municipal Corporation.
Supreme Court of Florida.
Apr 30, 1943.
G.P. Garrett and Lawrence Rogers, for appellant.
O.S. Thacker and Jay J. Johnston, for appellee.
Buford, Terrell, Brown, Chapman, Adams, Sebring, Thomas.
Published
Citer courts: S.D. Florida (1)
PER CURIAM:
This is the second appearance here of this case. See Ide v. City of St. Cloud, 150 Fla. 806, 8 So. (2nd) 924. After a careful consideration of the record and the arguments and briefs of counsel, our conclusion is that the trial court correctly construed the meaning and effect of our former opinion and mandate in this case and properly applied the same in all of its rulings now brought’before us for review. As the record discloses no error, the judgment is hereby
Affirmed.
BUFORD, C. J., TERRELL, BROWN, CHAPMAN and ADAMS, JJ., concur. SEBRING, J., agrees and concurs in the conclusion. THOMAS, J., agrees to conclusion only.