INDIANA LUMBERMENS MUT. INS. CO. v. S & C EXCAVATING, INC.

No. 2D01-1576.

813 So.2d 993 (2002)

INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY, Appellant, v. S & C EXCAVATING, INC., Edward Bonamase and Shirley Bonamase, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 30, 2002.


Attorney(s) appearing for the Case

Richard S. Dellinger of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for Appellant.

William D. Kramer of William D. Kramer, P.A., Naples, for Appellee.


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 unappealed judgment of the United States Bankruptcy Court barred relitigation of this issue. See Stoll v. Gottlieb, 305 U.S. 165, 59 S.Ct. 134...

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