Read v. Leitner

Citations

• 80 Fla. 574
• 86 So. 425

Syllabus

<p>Where the head of a family residing in this State lives with his family as their home on premises owned by him, and for purposes of business and education, temporarily removes his family to another place, with an intent to return to the home place, and without relinquishing such intent, eventually returns with his family to their home place and occupies it as a homestead before executions are levied on it under judgments obtained during the temporary absence of the family from the home place, the property is exempt from forced sale for the owner’s obligations not covered by those mentioned in the homestead Article of the Constitution, the homestead character of the' property not being lost by abandonment, the place having been actually occupied as the home, and the circumstances of the absence therefrom being consistent with a continued intent to return to and to occupy and claim the place as the family home.</p>