Supreme Court of Florida

Sherbill v. Miller Manufacturing Company

July 27, 195689 So. 2d 28

Summary

The Florida Supreme Court held that the earlier chancery decree was not res adjudicata on the question of the petitioners' homestead exemption, granting a temporary injunction against the forced sale and directing further proceedings to determine the homestead status. The Court relied on Florida constitutional policy and prior precedent rejecting waivers of homestead rights.