Bueno v. Bueno de Khawly, 94-322

Decision Date12 October 1994
Docket NumberNo. 94-322,94-322
Citation643 So.2d 1174
CourtFlorida District Court of Appeals
Parties19 Fla. L. Weekly D2159 Carmen Sofia BUENO, Appellant, v. Francia Isabel BUENO DE KHAWLY, et al., Appellees.

George Earl Brown, and Jeanne Heyward, Miami, for appellant.

Stephen L. Raskin, and Steven M. Greenberg, South Miami, for appellees.

Before BASKIN, JORGENSON and GERSTEN, JJ.

PER CURIAM.

Appellant, Carmen Sofia Bueno (Bueno), appeals a final judgment holding that the real property purchased by her deceased husband was not homestead property. We affirm the trial court's finding that the deceased voluntarily abandoned the property without an intent to return. The property, therefore, lost its status as the homestead of the deceased. See Cain v. Cain, 549 So.2d 1161 (Fla. 4th DCA 1989); Burdick v. Burdick, 399 So.2d 410 (Fla. 3d DCA 1981). This decision is without prejudice to allow Bueno to seek other relief she may have under Florida law.

Affirmed.

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  • Bueno v. Bueno de Khawly, s. 95-2917
    • United States
    • Florida District Court of Appeals
    • June 5, 1996
    ...the trial court in an earlier proceeding; that judgment was affirmed in its entirety by this court's decision in Bueno v. Bueno de Khawly, 643 So.2d 1174 (Fla. 3d DCA 1994). It matters not that this court's earlier decision addressed the issue of whether the property was homestead property;......

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