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RUTHERFORD v. GASCON

Nos. 95-02869, 95-02870.

679 So.2d 329 (1996)

Melvyn F. RUTHERFORD, as Personal Representative of the Estate of Eleanor R. Smith, Deceased, Appellant, v. Don M. GASCON, Appellee.

District Court of Appeal of Florida, Second District.

August 28, 1996.

Attorney(s) appearing for the Case

George F. Wilsey of Fisher and Wilsey, P.A.; David W. Foster of Foster and Davis, St. Petersburg, for Appellant.

Joseph W. Fleece, III and James D. Eckert of Holland & Knight, St. Petersburg, for Appellee.

QUINCE, Judge.

Melvyn F. Rutherford (Rutherford), personal representative of the Estate of Eleanor R. Smith (Mrs. Smith), appeals the trial court's order denying his petition to determine homestead rights and awarding damages on Don M. Gascon's (Gascon), counterclaim. We reverse because there was no evidence to demonstrate that Mrs. Smith knowingly relinquished her homestead rights. We also reverse in part the damages awarded on Gascon's counterclaim.

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