Florida District Courts of Appeal, 2002

Indiana Lumbermens Mutual Insurance v. S & C Excavating, Inc.

Indiana Lumbermens Mutual Insurance v. S & C Excavating, Inc.
Florida District Courts of Appeal · Decided March 20, 2002 · Casanueva, Northcutt, Parker
813 So. 2d 993; 2002 Fla. App. LEXIS 3589; 2002 WL 422978 (Southern Reporter, Second Series)

Indiana Lumbermens Mutual Insurance v. S & C Excavating, Inc.

Opinion of the Court

NORTHCUTT, Judge.

In postjudgment proceedings the circuit court denied Indiana Lumbermens Mutual Insurance Company’s objection to the designation by Edward and Shirley Bonamase of certain real property as their homestead, thus exempting the property from levy. We reverse because a prior unap-pealed judgment of the United States Bankruptcy Court barred relitigation of this issue. See Stoll v. Gottlieb, 305 U.S. 165, 59 S.Ct. 134, 83 L.Ed. 104 (1938); Northcutt v. Robert J. Bryan, P.A., 775 So.2d 976 (Fla. 4th DCA 2000).

Reversed and remanded for further proceedings.

PARKER and CASANUEVA, JJ., Concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.