INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY v. EXCAVATING INC (2002)

District Court of Appeal of Florida,Second District.

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

No. 2D01-1576.

Decided: March 20, 2002

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.

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, 83 L.Ed. 104 (1938); Northcutt v. Robert J. Bryan, P.A., 775 So.2d 976 (Fla. 4th DCA 2000).

Reversed and remanded for further proceedings.

NORTHCUTT, Judge.

PARKER and CASANUEVA, JJ., Concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network