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CHAMES v. DEMAYO

Nos. SC06-1671, SC06-2187.

972 So.2d 850 (2007)

Deborah CHAMES, et al., Petitioners, v. Henry DeMAYO, Respondent. Henry DeMayo, Petitioner, v. Deborah Chames, et al., Respondents.

Supreme Court of Florida.

December 20, 2007.

Attorney(s) appearing for the Case

Jonathan A. Heller of Heller and Chames, P.A., and Jay M. Levy, Miami, FL, for Petitioners/Respondents.

Sophie DeMayo, Miami, FL, for Respondent/Petitioner.

Robert W. Goldman of Goldman, Felcoski, and Stone, PA., Naples, FL, and John W. Little, III of Brigham and Moore, LLP, West Palm Beach, FL, on behalf of Real Property Probate and Trust Law Section of The Florida Bar; Louis F. Hubener, Acting Solicitor General, Lynn C. Hearn, Deputy Solicitor General and Jenna L. Reynolds, Assistant Attorney General, Tallahassee, FL, on behalf of Bill McCollum, Attorney General; and Paul Steven Singerman, Ilyse M. Home, and Paul A. Avron of Berger Singerman, PA., Miami, FL, as Amici Curiae.

CANTERO, J.

Like many states, Florida protects homeowners' residences from forced sale except in limited circumstances. The exemption is contained in article X, section 4(a)(1) of the Florida Constitution. While the exemption can be waived in a mortgage, for over a hundred years we have held that it cannot be waived in an unsecured agreement. See Carter's Adm'rs v. Carter, 20 Fla. 558 (1884);. Sherbill v. Miller Mfg. Co., 89 So.2d 28...

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