Higgs v. Warrick

Summary

The Florida Third District Court of Appeal affirmed a summary final judgment granting a homeowner a homestead exemption. The court held that a homeowner occupying a residential property under a bona fide lease with an original term of 98 years or more qualifies for the exemption under sections 196.031 and 196.041, Florida Statutes (2005), and certified conflict with contrary authority.

Holdings

1. A lessee owning a leasehold interest in a bona fide residential lease with an original term of ninety-eight years or more is deemed to have legal or beneficial and equitable title and qualifies for a homestead exemption when the property is permanently occupied as a residence.

Questions Presented

1. Whether a person who permanently occupies a residential parcel under a bona fide lease with an original term of ninety-eight years or more has sufficient legal or beneficial title to qualify for a Florida homestead exemption under sections 196.031 and 196.041, Florida Statutes (2005).

Disposition

affirmed