FIRST LEASING & FUNDING OF FLORIDA, INC. v. FIEDLER

No. 90-01956.

591 So.2d 1152 (1992)

FIRST LEASING & FUNDING OF FLORIDA, INC., a Florida Corporation, Appellant, v. Lowell C. FIEDLER, d/b/a Island Pub, Ann Fiedler, As Guarantor, and Lantis, Inc., Betty Lantis and Georgia Lantis, As Guarantors, Appellees.

District Court of Appeal of Florida, Second District.

January 17, 1992.


Attorney(s) appearing for the Case

Michael B. Kirschner, Law office of Kevin F. Jursinski, Fort Myers, for appellant.

No appearance for appellees.


FRANK, Judge.

First Leasing & Funding of Florida, Inc. (First Leasing) challenges an order enjoining it from executing upon real property that the trial court characterized as a residential homestead. While not unmindful that the family residence is shielded from creditors by Article X, Section 4 of the Florida Constitution, we are persuaded that the court below exceeded the constitutional exemption. We reverse.

Lowell C. Fiedler entered into an agreement...

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