VERNON GEIGER ET AL.,
v.
CITY OF ST. PETERSBURG, FOR USE OF GLENN V. LELAND AS RECEIVER OF THE CERTIFICATE SINKING FUND OF THE CITY OF ST. PETERSBURG
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The Florida Supreme Court affirmed an order confirming a foreclosure sale of an improvement lien certificate. The court found that the sale, which involved a bidder paying the full bid amount via check on the same day as the bid and the Master cashing the checks the following day before issuing the deed, substantially complied with the decree ordering a cash sale.
Yes, the sale substantially complied with the decree ordering a cash sale, and the court below properly confirmed it.
“The transaction as outlined above substantially complied with the decree ordering the sale made for cash and the court below so properly considered it when the sale was confirmed.”
Establishes the court's finding of substantial compliance with the decree.
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Join FLexlaw to unlock all legal intelligenceA Master in foreclosure sold an improvement lien certificate to the highest bidder for cash. The bidder provided a $500 check immediately and a $9,500…
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The appeal is from an order confirming sale under foreclosure of improvement lien certificate.
The objection to the order of confirmation is based upon the premis'es that the court ordered the sale to be made by the Master to the highest and best bidder for cash; that the bidder, upon the acceptancy of his bid by the Master, then and there gave the Master a check for $500.00 and later in the same day gave the Master an additional check for $9500.00, making a total of $10,000.00, the amount of the bid; and'that the Master on the succeeding day cashed the two checks and thereupon made Master’s Deed and reported his acts to the court for confirmation of ’sale; that objections were made to confirmation because the sale was not made for cash.
The transaction as outlined above substantially complied with the decree ordering the sale made for cash and the court below so properly considered it when the sale was confirmed.
There is no merit in the contentions presented on this appeal and the order appealed from is affirmed.
So ordered.
Terrell, C. J., and Thomas and Buford, J. J., concur.
Whitfield, J., concurs in opinion and judgment.
Justices' Brown and Chapman not participating as authorized by Section 4687 Compiled General Laws of 1927 and Rule 21-A of the Rules of this Court.