After the death of Robert Levine, his two sons went to court to challenge the provision of his will that left his Key Biscayne co-op penthouse apartment to a friend. The sons argued that the apartment is homestead property and, under the Florida Constitution, must pass to them, since at the time of the father's death one of the sons was a minor. The friend argued that co-op apartments were not covered by that homestead provision of the constitution. The trial court agreed with the friend and the Third District Court of Appeal upheld that ruling.