Supreme Court of Florida

In a case involving the Florida Constitution's exemption which protects homeowners' residences from forced sale, the Supreme Court of Florida reaffirms that, while the exemption can be waived in a mortgage, it cannot be waived in an unsecured agreement. The court rejects claims that it should recede from its precedent based on a constitutional amendment, a purported national trend approving such waivers, and recent holdings that other constitutional rights can be waived.

Appellate Information

• Decided 12/20/2007
• Published 12/20/2007

Judges

• CANTERO, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Robert W. Goldman of Goldman, Felcoski, and Stone, P.A., 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, P.A., Miami, FL, as Amici Curiae.


• For Appellees:
  
• 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.