Berger v. Lewison
Berger v. Lewison
Opinion of the Court
This is an appeal by the mortgagor Gertrude Berger and her attempted-intervenor husband Howard Berger from an adverse final judgment of mortgage foreclosure involving a condominium unit in which Mr. and Mrs. Berger resided. We affirm based on the following, briefly stated legal analysis.
First, the subject condominium unit was not a homestead estate under Article X, Section 4(a)(1) of the Florida Constitution (1968), because neither of the title owners of this unit, Gertrude Berger and her daughter Ina Felder, was the “head of the family” as required by the above constitutional provision in order for property to constitute a homestead estate.
Third, it accordingly follows that no error was committed below in denying Gertrude Berger’s motion to dismiss, in refusing to allow Howard Berger to intervene, in entering a partial judgment on Gertrude Berger’s homestead defense, and in striking Howard Berger’s affidavit. The final judgment under review is, in all respects,
Affirmed.
. The 1985 amendment to the above constitutional provision, which substituted "natural person" for "head of the family,” has no application to this case because the. mortage at issue herein was executed prior to the said 1985 amendment. Art. X, § 4(a)(1), Fla. Const. (1968 as amended 1985).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.