ZIMMERMAN v. GARDNER

No. 76-2416.

355 So.2d 157 (1978)

Victor ZIMMERMAN, Appellant, v. Fred E. GARDNER, Ramona D. Borovicka, Central Bank and Trust Company, As Trustee, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

February 14, 1978.


Attorney(s) appearing for the Case

Paul E. Gifford of Kenworthy & Gifford, Coral Gables, for appellant.

C. William Laystrom of Allsworth, Doumar, Schuler, Padula & Laystrom, Fort Lauderdale, for appellee-Borovicka.


PER CURIAM.

Victor Zimmerman, a judgment creditor, appeals from an order of the trial court which determined that a certain residence was the exempt homestead of his judgment debtor, Ramona D. Borovicka. The determinative issue is whether Mrs. Borovicka qualified as "head of a family" within the meaning of Article X, Section 4 of the Florida Constitution. We find that she did not and reverse.

The facts were stipulated in the trial court and are not in dispute...

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