IVA POLAK WUMMER, PETITIONER,
v.
JAMES C. BLANTON, RESPONDENT
IVA POLAK WUMMER, PETITIONER,
JAMES C. BLANTON, RESPONDENT
709 So. 2d 1385
Florida District Court of Appeal, Fourth District (1998)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We quash the writ of assistance 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Valdes v. State, 728 So. 2d 1225 (Fla. 3d DCA 1999)…(Fla. 2d DCA Jan. 20, 1999); Heggs v. State, 718 So. 2d 263 (Fla. 2d DCA 1998); Pugh v. State, 717 So. 2d 635 (Fla. 2d DCA 1998); Davis v. State, 709 So. 2d 641 (Fla. 2d DCA 1998); Taylor v. State, 709 So. 2d 641 (Fla. 2d DCA 1998); Jones v. State, 709 So. 2d 1385 (Fla. 2d DCA 1998); Morris v. State, 708 So. 2d 697 (Fla. 2d DCA 1998).…
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State v. Jones, 753 So. 2d 1276 (Fla. 2000)…PER CURIAM. We have for review Jones v. State, 709 So. 2d 1385 (Fla. 2d DCA 1998), in which the Second District Court of Appeal followed its prior decision in Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998), in holding that chapter 95-182, Laws of Florida, is unconstitutional as vio-lative of the single su…
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Opportunity Funding I, LLC v. Igor Otetchestvennyi, 909 So. 2d 361 (Fla. 4th DCA 2005)…e find the mortgagee met this burden given the unique facts in this case. The Clerk of the Court lacks authority to issue a certificate of title or a writ of possession when an objection to a foreclosure sale is timely filed. See Wummer v. Blanton, 709 So. 2d 1385 (Fla. 4th DCA 1998). Here, the affidavit supporting the mortgagee’s motion to set aside the foreclosure sale was rebutted by a date stamp, but not by any testimony concerning the actual filing date. The tracking report established the delivery of th…
Authorities Cited
- Nelson v. Honorable John E. Santora, 570 So. 2d 1374 (Fla. 1st DCA 1990)
- Clark Caplan and Linda Caplan v. Robert W. Neumann as Sheriff of Palm Beach Cnty., 699 So. 2d 1052 (Fla. 4th DCA 1997)