On February 9, 2011, the Florida Third District Court of Appeals held that a husband and wife waived their post-death homestead rights merely by signing a joint warranty deed transferring the homestead property to the wife. On May 17, 2011, the Court, released a sue sponte Order withdrawing its decision in Habeeb. Although the withdrawal of this decision now leaves the door open for future litigation, the Habeeb decision may not be relied on as precedent