Florida Statutes

Fla. Stat. § 222.10 (2025)

Jurisdiction to subject property claimed to be exempt.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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222.10 Jurisdiction to subject property claimed to be exempt.—The circuit courts have equity jurisdiction upon bill filed by a creditor or other person interested in enforcing any unsatisfied judgment or decree, to determine whether any property, real or personal, claimed to be exempt, is so exempt, and in case it be not exempt, the court shall, by its decree subject it, or so much thereof as may be necessary, to the satisfaction of said judgment or decree and may enjoin the sheriff or other officer from setting apart as exempt property, real or personal, which is not exempt, and may annul all exemptions made and set apart by the sheriff or other officer.

History.—s. 3, ch. 3246, 1881; RS 2007; GS 2529; RGS 3884; CGL 5791.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1943–2023 · leading case: Sepulveda v. Westport Recovery Corp., 145 So. 3d 162 (Fla. 3d DCA 2014).

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Sepulveda v. Westport Recovery Corp., 145 So. 3d 162 (Fla. 3d DCA 2014). · cites it 22× “Sepulveda’s position below and on appeal is that the determination regarding his claimed homestead exemption lies exclusively within the circuit court’s jurisdiction based on section 222.10, Florida Statutes (2013). 2 In response, Westport argued that: (1) section 222.”

Grant v. Credithrift of Am., Inc., 402 So. 2d 486 (Fla. 1st DCA 1981). · cites it 2× “When the homestead claim affidavit is filed, the creditor has a means, clearly provided under § 222.10 [5] , to challenge the homestead claim, should he wish to do so.”

Solomon v. Davis, 100 So. 2d 177 (Fla. 1958). · cites it 2× “The appellant Solomon, plaintiff in the court below, instituted a proceeding under *178 Section 222.10, Florida Statutes, F.S.A., to attack the homestead character of property owned by the appellee, Mary Davis, and claimed by her to be exempt from levy pursuant to Art.”

Raheb v. DiBattisto, 513 So. 2d 717 (Fla. 3d DCA 1987). · cites it 2× “At the outset, we construe the instant proceedings below as constituting, in effect, a bill filed pursuant to Section 222.10, Florida Statutes (1985), by a judgment creditor to determine whether the property of a judgment debtor was homestead property.”

Luskin v. Luskin, 616 So. 2d 559 (Fla. 3d DCA 1993). · cites it 2× “Section 222.10, Florida Statutes, provides in pertinent part that “The circuit courts have equity jurisdiction upon .”

Holden v. Patterson, 64 So. 2d 772 (Fla. 1953). · cites it 2× “Section 222.10, Florida Statutes 1951, and F.”

LILIA BELKOVA, Individually, & as successor Tr. of the Land Trust Agreement, No:072003 Dated 2/9/04 v. DEER RUN Prop. OWNERS' Ass'n, INC. (Fla. 4th DCA 2023). · cites it 7× “Circuit and county courts have concurrent equity jurisdiction, except that equity cases filed in county courts must fall within the county court’s monetary jurisdiction.”

Giddens v. McFarlan, 10 So. 2d 807 (Fla. 1943). · cites it 2× “, 1927 (Section 222.10, Florida Statutes, 1941), and we think it is a fair construction of the statute that this remedy was available to plaintiffs so long as their judgment continued as a lien and was en-forcible.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.