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HAZELETT v. CITY OF ST. CLOUD

No. 5D03-2645.

875 So.2d 793 (2004)

Harry HAZELETT, Appellant, v. CITY OF ST. CLOUD, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

June 25, 2004.

Attorney(s) appearing for the Case

Brian M. Mark of Brian Michael Mark, P.A., Kissimmee, for Appellant.

Kevin Knight of deBeaubien, Knight, Simmons, Mantzaris & Neal, LLP, Orlando, for Appellee.

PLEUS, J.

Hazelett appeals the denial of his emergency motion to vacate final judgment and lien sale. He argues that the final judgment and lien sale should have been vacated because his property was protected by homestead. The lower court conducted an evidentiary hearing on the homestead issue. As the property owner, Hazelett had the burden of establishing the homestead character of his property as of the time the lien attached. See Avila South Condominium Ass...

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