Juarrero v. McNayr

Decision Date23 October 1963
Docket NumberNo. 32589,32589
Citation157 So.2d 79
PartiesFrancisco P. JUARRERO, and Alicia V. Juarrero, his wife, as taxpayers of Dade County, Florida, and all other taxpayers similarly situated, Appellants, v. Irving G. McNAYR, as County Manager of Dade County, Florida, charged with the duties of the Tax Assessor of Dade County, Florida, and Sam L. Elcook, as the Acting Tax Assessor of Dade County, Florida, and Ray E. Green, as Comptroller of the State of Florida, Appellees.
CourtFlorida Supreme Court

Madsen & Briggs and Stewart D. Allen, Miami, for appellants.

Darrey A. Davis and St. Julien P. Rosemond, Miami, for appellees.

ROBERTS, Justice.

Before us for review is a final decree of the Circuit Court in and for Dade County entered in a suit wherein the appellants sought to compel the allowance of a homestead exemption under Section 7, Article X, of the Constitution of Florida, F.S.A., such property being occupied by them as a residence. The Chancellor denied the relief, holding that appellants, under the facts alleged, are not entitled to the homestead exemption sought. Jurisdiction of the appeal derives from Section 4(2) of revised Article V, Florida Constitution, authorizing an appeal directly to this court from final judgments or decrees construing a controlling provision of the Florida Constitution.

The material facts are simple and unchallenged. Appellants purchased a home in Coral Gables, Florida, in November, 1960, after coming to this country from Cuba by dint of necessity and seeking refuge from the politically hostile government of their homeland. They are the holders of nonimmigrant visas valid for unlimited applications for admission into the United States until March, 1963, which visas were issued and granted under the auspices of the American Embassy in Havana, Cuba. On or about December, 1960, appellants were granted permission by the Immigration Authorities to stay indefinitely in this country and to depart voluntarily. They do not have permanent visas and, in lay parlance, may be classified as 'Cuban refugees.' The visas are not authority under existing circumstances for them to remain here permanently, that is to say, beyond their immediate need for political asylum. The uncertainty of this need requires an indefinite stay although the visas are temporary in character. In this posture the controlling question is: Can an alien, temporarily absent from his homeland because of political persecution, and residing in this country for an indefinite stay by warrant of a temporary visa, make Florida in good faith his permanent home?

The Chancellor decided this question in the negative after making certain findings of fact and conclusions of law. From the decree we quote the following excerpts:

'* * * plaintiffs are temporary residents of Dade County, Florida, being non-resident aliens classified as Cuban refugees and, therefore, cannot 'rightfully' or in 'good faith' make Dade County their 'permanent home' in view of the fact that the word 'temporary' is obviously an antonym of the word 'permanent', and that the words 'good faith' purport more than honesty of endeavor or honesty of purpose and include the ability to do that which the Constitution of the State of Florida, Article X, Section 7, requires to be done.'

Section 7, Article X of the Constitution of Florida provides:

'Every person who has the legal title or beneficial title in equity to real property in this State and who resides thereon and in good faith makes the same his or her permanent home, or the permanent home of another or others legally or naturally dependent upon said person shall be entitled to an exemption from all taxation, except for assessment for special benefits, up to the assessed valuation of Five Thousand Dollars on the said home and contiguous real property, as defined in Article 10, Section 1, of the Constitution, for the year 1939 and thereafter. Said...

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19 cases
  • Marriage of Pirouzkar, Matter of
    • United States
    • Oregon Court of Appeals
    • April 6, 1981
    ...(S.D.N.Y.1956) (one admitted temporarily as alien seaman has not been "lawfully admitted" for purposes of naturalization); Juarrero v. McNayr, 157 So.2d 79 (Fla.1953) (state requirement for homestead exemption that residence be "permanent home" not met); Buscema v. Buscema, 20 N.J.Super. 11......
  • Rodriguez v. Steirheim
    • United States
    • U.S. District Court — Southern District of Florida
    • February 26, 1979
    ...Chapter 196, § 196.151 (F.S.1977). This argument is based upon certain consequences flowing from the case of Juarrero v. McNayr, 157 So.2d 79 (Fla.1963) (hereinafter Juarrero). In Juarrero, certain "Cuban refugees" were denied a favorable disposition of their suit to compel the allowance of......
  • In re Mendoza
    • United States
    • U.S. Bankruptcy Court — Southern District of Florida
    • March 4, 2019
    ...(1928) (emphasis added) ). Genesis of the Green Card Requirement Under Florida LawTwo Florida Supreme Court cases, Juarrero v. McNayr , 157 So.2d 79 (Fla. 1963) (" Juarrero ") and Cooke v. Uransky (In re Cooke ), 412 So.2d 340 (Fla. 1982) (" Cooke "), are the springboard from which a green-......
  • Perez v. Perez, 63-904
    • United States
    • Florida District Court of Appeals
    • May 27, 1964
    ...has been made against him; he only loses it when he is actually deported. * * *' The instant case is distinguishable from Juarrero v. McNayr, Fla.1963, 157 So.2d 79, where it was held recently that such a Cuban refugee was not entitled to exemption of homestead from taxation, as provided fo......
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