JACK ROY CORBITT, APPELLANT,
v.
FRANCES E. BURKETTE F/K/A FRANCES E. CORBITT, APPELLEE
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In a post-divorce dispute, the trial court vacated a judicial sale of the marital home where the appellant purchased the property for $900 despite its value of $45,000-$65,000, after the appellee failed to appear due to fear of the appellant's threats of violence. The appellate court affirmed the vacation of the sale, finding substantial evidence supporting both the grossly inadequate sales price and the appellee's justified fear.
The trial court properly vacated the sale. There is substantial competent evidence that the sales price was grossly inadequate and that the appellee's failure to appear resulted from the appellant's threats of violence.
[1] A judicial sale may be set aside when the sales price is grossly inadequate and the party's failure to appear and protect their interests was caused by the opposing party…
[2] A trial court's decision to vacate a judicial sale based on conflicting evidence and witness credibility will be affirmed if supported by substantial competent evidence.
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Join FLexlaw to unlock all legal intelligence“There is substantial competent evidence in the record to support a finding that the sales price was grossly inadequate and that appellee's failure to appear and bid on the property resulted from appellant's threats of violence.”
Establishes the evidentiary foundation for the trial court's decision to vacate the sale
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Join FLexlaw to unlock all legal intelligenceJack Corbitt and Frances Burkette's marriage was dissolved with a property settlement agreement requiring sale of the marital home within one year and…
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DOWNEY, Judge.
When the marriage between appellant Jack Corbitt and appellee Frances Burkette was dissolved the final judgment of dissolution incorporated a property settlement agreement in which the parties agreed to sell the marital home within one year and divide the proceeds. Appellant refused to honor his agreement or the final judgment and appellee sought enforcement of the final judgment. On the date set by the court for sale of the property appellee failed to show up (though her lawyer appeared), and the appellant bid the property in for $900. The testimony fixed the value of the unencumbered property at between $45,000 and $65,000.
Appellee moved to set the sale aside on the grounds that the sales price was inadequate and that fear of her husband prevented her appearance at the sale to protect her interests. Based upon the evidence adduced at a hearing on appellee’s motion, the trial court entered an order vacating the sale. That order is the subject of this appeal.
There is substantial competent evidence in the record to support a finding that the sales price was grossly inadequate and that appellee’s failure to appear and bid on the property resulted from appellant’s threats of violence. It appears appellant has been living in the home for the past three years rent free and from the inception did not want the home sold. During the marriage appellant had beaten appellee on several occasions; he had beaten the appellee’s new husband, Burkette, on two occasions; he had entered the Burkettes’ home to take possession of some of his belongings and threatened to kill them if they interfered with him; and he admitted stating that he would do serious bodily harm to Burkette if Burkette didn’t leave him alone. In addition one of Burkette’s golfing friends advised Burkette that appellant told the friend to tell Burkette he would never enjoy the money from the sale of the home and that Corbitt would kill Burkette. This threat was passed on to appellee prior to the sale date. Although appellee was prepared to bid the house in at sale, she and Burkette testified they were afraid appellant would carry out his threats if they attended the sale.
There were conflicts in the evidence and inferences could have been drawn in favor of appellant. However, the trial judge observed the witnesses and he obviously concluded that the truth and justice of the case favored appellee. The record supports that conclusion.
Accordingly, the order appealed from is affirmed.
AFFIRMED.
MOORE and HERSEY, JJ., concur.
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Hudson v. Pioneer Fed. Sav. & Loan Ass'n, 516 So. 2d 339 (Fla. 1st DCA 1987)…Pioneer. Appellant contends that this amount, coupled with the lack of service of the complaint and notice of the sale, required the court to set aside the sale, citing Fincham v. Fincham, 443 So. 2d 312 (Fla. 4th DCA 1983), and Corbitt v. Burkette, 399 So. 2d 514 (Fla. 4th DCA 1981). Appellee contends that the tax assessor’s valuation referred to was made in 1984, and since there was no evidence of its value in 1985 other than appellant’s self-serving testimony of $50,000, there is no basis to find an abuse…