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DiGIORGIO v. DiGIORGIO

No. 3D10-1835.

48 So.3d 968 (2010)

Joseph DiGIORGIO, Appellant, v. Tina DiGIORGIO, Appellee.

District Court of Appeal of Florida, Third District.

December 1, 2010.

Attorney(s) appearing for the Case

Restani Dittmar & Hauser and Helen Ann Hauser , Coral Gables, for appellant.

John R. Sutton and Brett Sumbley , for appellee.

Before RAMIREZ, C.J., and SUAREZ and ROTHENBERG, JJ.

SUAREZ, J.

Joseph DiGiorgio ("the husband") appeals a non-final order denying, with prejudice, his motion to strike execution and sheriff's sale. We have jurisdiction. See Fla. R.App. P. 9.130(a)(2)(C)(ii).1 We reverse the order below and remand for an evidentiary hearing on the issue of whether the property in question constituted the homestead of the husband and barred the sheriff's levy, execution, and scheduled sale.

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