Marco Island, FL asked in Real Estate Law, Gov & Administrative Law and Municipal Law for Florida

Q: I am currently in a lawsuit against the county property appraiser in Florida in the circuit court. My wife and I were jo

I am currently in a lawsuit against the county property appraiser in Florida in the circuit court. My wife and I were joint plaintiffs my name was not on the deed when we filed because of a clerical error. I am on the deed now and it has always been our homesteaded residence. the opposing council filed a motion to dismiss me from the case. The judge had been putting it off and forced me to go to mediation and also instructed me to deposition 2 of the defendants witnesses. So I didn’t think it was still and issue since she new I was at mediation and depositions acting pro se. now the judge has scheduled a hearing to dismiss me a week before trial is supposed to start. I argued in writing that the case will affect me directly and that in Florida the homestead requires me to sign the deed if we sell even if I am not on it. Any advice or opinion.

1 Lawyer Answer

A: It appears that the issue is whether you are entitled to the homestead exemption despite your "not [being] on the deed when [you] filed because of a clerical error". Presumably the depositions were mainly for the purposes of clarifying the nature of that "clerical error". I suggest that you research (or get a lawyer to research for you) the law on that subject and be ready to argue it.

Anthony M. Avery agrees with this answer

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