In short: In Sepulveda v. Westport Recovery, the Third DCA held that once an owner claims homestead against a levy sale, only the circuit court can decide whether the property is exempt under section 222.10. A county court that let the sale proceed exceeded its jurisdiction, so the court granted certiorari and quashed the ruling.
The Facts
In 1997 a bank won a roughly $9,000 county court judgment in Miami-Dade against Mr. Sepulveda’s sister. A debt buyer, Westport Recovery, bought the right to enforce it in 2001. Mr. Sepulveda owned property in Polk County. In October 2005 he deeded it to his sister; two weeks later Westport recorded the old judgment in Polk County; months later the sister deeded the property back to him.
In 2012 Westport reopened the 1997 county court case and set a levy sale on the sister’s supposed interest in the Polk County property. About two weeks before the sale, Mr. Sepulveda recorded a sworn notice claiming the property as his homestead under section 222.02 and moved to dismiss, arguing the county court had no power to decide a homestead exemption.
The county court denied the motion and allowed the sale, treating the dispute as a simple lien-priority question: the recorded judgment came before his homestead. The circuit court’s appellate division denied certiorari. He then sought second-tier certiorari in the Third District.
The Decision
The Third District granted the petition and quashed the order. It held that the county court’s ruling, however it was labeled, was a decision about whether property claimed as exempt really was exempt, which is exactly what section 222.10 covers. Basing the ruling on recording dates rather than on homestead status did not change its nature.
The court then held that section 222.10 gives the circuit courts exclusive jurisdiction over those disputes. County courts have only the jurisdiction the Legislature gives them, and their limited equity power under section 34.01(4) yields to laws that restrict it. Because county and circuit courts already share equity jurisdiction over small cases, section 222.10 would mean nothing unless it made the circuit court the exclusive forum. By deciding the homestead claim, the county court exceeded its jurisdiction, and the circuit court departed from the essential requirements of law in refusing to correct it.
The Law
Article X, section 4 of the Florida Constitution exempts a homestead from forced sale, with narrow exceptions. Under section 222.01 and section 222.02, an owner can claim homestead before or after a levy; section 222.02 allows a sworn notice to the levying officer any time before the sale date. Under section 222.10, the circuit courts have equity jurisdiction to decide whether property claimed as exempt is in fact exempt.
Circuit courts have exclusive original jurisdiction over equity cases and actions involving title to real property under section 26.012(2)(c) and (g). County courts may hear equity matters within their monetary limit under section 34.01(4), except where the constitution or a statute restricts them. The county court limit was $15,000 when this case was decided; for cases filed on or after January 1, 2023, it is $50,000. Sections 222.10 and 34.01(4) are worded today as they were then.
Current law (2026): County court monetary jurisdiction under s. 34.01(1)(c), Fla. Stat. (2026), is $50,000 for cases filed on or after January 1, 2023 (it was $15,000 when Sepulveda was decided). Sections 222.02, 222.10, 26.012(2)(c),(g) and 34.01(4) read the same in substance in the 2026 statutes. The opinion’s reasoning (s. 222.10 is an exclusive grant to circuit courts) does not depend on the dollar limit.
Lessons
- If a levy sale is set on property you claim as homestead, file a sworn notice of homestead with the levying officer before the sale date under section 222.02.
- A homestead exemption fight belongs in circuit court. If a county court is asked to rule on it, challenge its jurisdiction.
- Creditors cannot avoid the circuit court by calling a homestead dispute a lien-priority question.
- Deeding property back and forth among family members can expose it to a relative’s judgment liens. Get advice before moving title.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
County Court OKs Sale of a Claimed Homestead — Its Call? | Sepulveda v. Westport, 3D14-0223
Go Deeper
- The Surviving Spouse and the Florida Homestead: Who Gets the House When a Spouse Dies
- How Florida Probate Court Actually Works: The Rules, the Differences County to County, and Appeals
Frequently Asked Questions
Can a county court decide whether my property is homestead before a sheriff's sale?
Under Sepulveda v. Westport Recovery, no. The Third DCA held that section 222.10 gives circuit courts exclusive jurisdiction to decide whether property claimed as exempt is actually exempt. A county court that allowed a levy sale over a homestead claim exceeded its jurisdiction, and its order was quashed.
How do I claim homestead after a levy in Florida?
Section 222.02 lets the owner, or the owner’s agent or attorney, give the officer making the levy a written notice under oath describing the property claimed as homestead, any time before the day set for the sale. The remainder of the property, not the homestead, stays subject to sale.
Does it matter that the judgment was recorded before the property became homestead?
It may matter to the outcome, but Sepulveda says the court that decides it must be the circuit court. The county court there ruled the recorded judgment had priority over the later homestead, and the Third DCA held that was still a homestead exemption ruling that only a circuit court could make.
What is second-tier certiorari?
It is review by a district court of appeal of a circuit court’s decision made while acting as an appellate court, usually over a county court ruling. Review is narrow: whether the circuit court gave due process and applied the correct law. In Sepulveda, applying the wrong jurisdictional rule met that test.
Talk to a Florida homestead and probate lawyer
Weidner Law, P.A. handles Florida homestead, probate and real estate disputes from St. Petersburg. If you need a probate real estate lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
