CLARK CAPLAN AND LINDA CAPLAN, PETITIONERS,
v.
ROBERT W. NEUMANN AS SHERIFF OF PALM BEACH COUNTY, AND MIDFIRST BANK, STATE SAVINGS BANK, RESPONDENTS
CLARK CAPLAN AND LINDA CAPLAN, PETITIONERS,
ROBERT W. NEUMANN AS SHERIFF OF PALM BEACH COUNTY, AND MIDFIRST BANK, STATE SAVINGS BANK, RESPONDENTS
699 So. 2d 1052
Florida District Court of Appeal, Fourth District (1997)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
We quash the trial court’s order granting Midfirst Bank’s motion for writ of possession. The writ of possession and certificate of title cannot issue until the trial court resolves Petitioners’ outstanding objection filed timely after the foreclosure sale. See § 45.031(4), Fla. Stat. (1995); Nelson v. Santoro, 570 So. 2d 1374 (Fla. 1st DCA 1990).
STONE, C.J., and GLICKSTEIN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Iva Polak Wummer v. Blanton, 709 So. 2d 1385 (Fla. 4th DCA 1998)…and the certificate of title which we recalled by earlier order. The writ of assistance and certificate of title cannot issue until after the trial court has resolved the petitioner’s pending objection to the foreclosure sale. See Caplan v. Neumann, 699 So. 2d 1052 (Fla. 4th DCA 1997); Nelson v. Santoro, 570 So. 2d 1374 (Fla. 1st DCA 1990). POLEN, SHAHOOD and TAYLOR, JJ., concur.…
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Rivas v. The Bank of N.Y. Mellon, 244 So. 3d 334 (Fla. 4th DCA 2018)
Authorities Cited
- Nelson v. Honorable John E. Santora, 570 So. 2d 1374 (Fla. 1st DCA 1990)