Furst v. Rebholz
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The Supreme Court quashed the decision of the Second District Court of Appeal affirming the judgment of the circuit court in favor of Landlord in this action he brought seeking a refund of the amount he paid after a property appraiser determined that he had improperly received a homestead tax exemption, holding that Landlord's arguments in support of the district court's decision were unpersuasive.
At issue in this case was how to determine the scope of Landlord's residence for purpose of the homestead tax exemption. Landlord lived on the bottom floor, and during the entire time period in question Landlord rented a portion of the structure to at least one tenant. When the county property appraiser concluded that at least fifteen percent of the property was not being used as Landlord's residence and thus revoked the homestead exemption as to fifteen percent of the total property. After he paid $7,000 in back taxes, penalties, and interest Landlord brought this action. The circuit court granted judgment for Landlord, and the court of appeal affirmed. The Supreme Court quashed the decision below, holding that the district court erred by concluding that, for purposes of applying the homestead tax exemption, the entire structure was Landlord's residence.
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