Kawel PLLC: Andy Kawel delivers oral argument in Sepúlveda v. Westport Recovery Corp.
Sepúlveda v. Westport Recovery Corp. was a petition for second-tier certiorari in the Florida Third District Court of Appeal. Respondent Westport Recovery had sought to levy on Petitioner Daniel Sepúlveda's family farm, based on a judgment against the prior owner of the property. Westport Recovery purchased the judgment and then convinced a county court to determine that Sepúlveda's interest in the property was not protected under Florida's constitutional Homestead provisions. After Sepúlveda lost his first-tier petition for certiorari in the circuit court's appellate division, Andy Kawel took his case to the Third District. The Third District held that the county court had exceeded its jurisdictional bounds in allowing the levy sale because only circuit courts may make Homestead determinations. The Third District granted Sepúlveda's petition, saving his family farm.
This video was recorded at the Third District Court of Appeal on May 21, 2014. The Third District's opinion is published as Sepúlveda v. Westport Recovery Corp., 145 So. 3d 162 (Fla. 3d DCA 2014).