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BELTRAN v. KALB

No. 3D08-2688.

63 So.3d 783 (2011)

Evaristo BELTRAN and Grisel Beltran, Appellants, v. Stuart R. KALB, assignee of Tops All Roofing and Building Products, Inc., and Sunset Home Partners, Inc., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 28, 2011.

Attorney(s) appearing for the Case

Gina Ollivier-Tyler , for appellants.

Mark Evans Kass , Miami, for appellee Sunset Home Partners, Inc.

Before SHEPHERD, ROTHENBERG, and LAGOA, JJ.

LAGOA, J.

Appellants, Grisel Beltran ("Grisel") and her father, Evaristo Beltran ("Evaristo"), appeal the trial court's order denying their motion to set aside/vacate the sale of property to the appellee, Sunset Home Partners, Inc. ("Sunset Home"). Because the property was exempt from forced sale for the payment of creditor's claims pursuant to Florida's homestead law, Art. X, § 4(a), Fla. Const., we hold that the trial court erred in denying the motion to set...

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