Inadequacy Of Price

77 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Leatha Fleeman Arlt v. Buchanan
  190 So. 2d 575· Fla.· 1966-09-28 ·cited 112×
  The Florida Supreme Court reversed a district court decision that had eliminated equity court jurisdiction to enjoin execution sales absent clear fraud. The court held that material irregularities in execution sale proceedings—such as conducting the sale at an improper location—m
• Ruff v. Guar. Title & Tr. Co.
  99 Fla. 197· Fla.· 1930-01-28 ·cited 99×
  The Florida Supreme Court granted appellees' motion to dismiss an appeal challenging the confirmation of a foreclosure sale, finding the appeal was taken in bad faith and for purposes of delay. The appellants challenged the sale price of $2,500 despite affidavits claiming the pro
• Marsh v. Marsh
  72 Fla. 142· Fla.· 1916-08-02 ·cited 68×
  This case involves a second appeal concerning the vacation of a judicial sale of land. The appellate court reversed the lower court's decision to sustain a demurrer, finding that the bill of complaint sufficiently alleged fraud and misconduct to warrant further proceedings.
• Macfarlane v. Macfarlane
  50 Fla. 570· Fla.· 1905-06-01 ·cited 60×
  The appellate court reviewed two orders: one vacating a sale confirmation and another related order. The court found that the purchaser, M. B. Macfarlane, was not given proper notice of the proceedings to vacate the confirmation, making those orders erroneous. Additionally, the c
• Maule Indus., Inc. v. Seminole Rock & Sand Co.
  91 So. 2d 307· Fla.· 1956-10-31 ·cited 58×
  Maule Industries challenges the trial court's order vacating a foreclosure sale and invalidating the certificate of title it received as the successful bidder. The Florida Supreme Court holds that while trial courts retain jurisdiction to entertain reheating petitions after issua
• Ohio Realty Inv. Corp. v. S. Bank OF W. Palm Beach
  300 So. 2d 679· Fla.· 1974-07-26 ·cited 49×
  Ohio Realty sought to vacate a judicial foreclosure sale of its property that occurred approximately three hours after the advertised time and at which the sole bidder (the mortgagee bank) purchased the property for the minimum amount, when Ohio Realty had a third party ready to
• Mitchell v. Mason
  75 Fla. 679· Fla.· 1918-05-15 ·cited 45×
  Mitchell appealed seeking to set aside a judicial sale of property known as Villa Alexandria, claiming the Special Master conducting the sale misled potential bidders by announcing he would not sell, then proceeded with the sale at a grossly inadequate price. The Florida Supreme
• The Lawyers' Co-operative Publ'g Co. v. Bennett
  34 Fla. 302· Fla.· 1894-06-01 ·cited 40×
  The Lawyers' Co-operative Publishing Company sought to vacate a sheriff's sale of land levied under execution, claiming the property worth $350-$400 was sold for only $15 due to the sheriff's negligence in failing to communicate instructions to delay the sale. The Florida Supreme
• Waybright v. Turner
  129 Fla. 310· Fla.· 1937-09-22 ·cited 39×
  Edgar Waybright appeals from an order striking most of his answer to D.W. Turner's petition for a surplus fund from a mortgage foreclosure. The Florida Supreme Court holds that Waybright, though not a party to the foreclosure of the Colclough property, may challenge the adequacy
• Thomas v. Mrs. Nettie Goodbread
  78 Fla. 278· Fla.· 1919-08-06 ·cited 39×
  The court reversed a judgment in an ejectment action, holding that a defendant should have been allowed to present a defense based on an oral agreement. The defendant argued that a creditor, who held a mortgage on the property, promised to buy the land at a sheriff's sale for the
• Princess Vladimir Eristavitchitcherine v. Miami Beach Fed. Sav. & Loan Ass'n
  154 Fla. 100· Fla.· 1944-02-18 ·cited 35×
  In this mortgage foreclosure case, the court addressed whether a foreclosure sale could be challenged based on insufficient notice and inadequate sale price. The Florida Supreme Court dismissed the appeal from the final foreclosure decree as untimely and affirmed the subsequent o
• Chaires v. Wright Brady
  10 Fla. 133· Fla.· 1862-01-01 ·cited 28×
  The Florida Supreme Court affirmed the dismissal of a bill seeking to redeem slaves allegedly mortgaged to the defendant, holding that an absolute deed of sale cannot be converted into a mortgage absent clear proof of fraud, accident, mistake, or trust, and that the evidence here
• Ingorvaia v. Horton
  816 So. 2d 1256· Fla. 2d DCA· 2002-05-31 ·cited 24×
  Ingorvaia, the successful bidder at a foreclosure sale, appeals an order vacating that sale. The court affirmed the vacation, holding that when adequacy of bid price is not at issue, Florida courts may vacate a foreclosure sale based on irregularities and due process violations u
• Cueto v. Mfrs. & Traders Tr. Co.
  791 So. 2d 1125· Fla. 4th DCA· 2000-12-06 ·cited 23×
  The trial court erred in setting aside a judicial foreclosure sale because the mortgagors' right of redemption had expired and the grounds for vacating the sale under Rule 1.540(b) were not met.
• Jerzy Sulkowski and Walter Sulkowski v. Alina Sulkowski
  561 So. 2d 416· Fla. 2d DCA· 1990-05-11 ·cited 23×
  The trial court abused its discretion by setting aside a judicial sale based solely on a bidder's misunderstanding of the statutory cash deposit requirement, absent any evidence of gross inadequacy, mistake, accident, surprise, fraud, misconduct, or irregularity.
• N. Inv. Corp. v. Coppock
  134 Fla. 168· Fla.· 1938-10-05 ·cited 22×
  Northern Investment Corporation appeals an order denying confirmation of a judicial sale of real estate in a tax foreclosure proceeding. The Florida Supreme Court affirms, holding that inadequacy of price alone does not warrant setting aside a regularly conducted judicial sale un
• Crichlow v. The Equitable Life Assurance Soc'y of the United States
  131 Fla. 752· Fla.· 1938-03-10 ·cited 22×
  In this mortgage foreclosure case, the Florida Supreme Court affirmed the lower court's order confirming a foreclosure sale and determining the deficiency amount, rejecting the defendants' arguments that the court lacked authority to enter the order without proper notice and that
• Blue Star Invs., Inc. v. Britt A. Johnson & BA Mortg., LLC
  801 So. 2d 218· Fla. 4th DCA· 2001-12-05 ·cited 20×
  Blue Star Investments purchased a home at foreclosure for $41,459.10, which was 69.09% of the property's appraised value of $60,000. The mortgagor moved to set aside the sale eleven days later, and the trial court granted the motion. Blue Star appealed, and the appellate court re
• United Cos. Lending Corp. v. Abercrombie
  713 So. 2d 1017· Fla. 2d DCA· 1998-05-08 ·cited 20×
  United Companies Lending Corporation appealed the denial of its motion to set aside a foreclosure sale where the property sold for $1,000 despite being worth over $125,000, due to United's representative failing to attend the sale. The court reversed and remanded, holding that th
• In re Stanley Eng'g Corp.
  164 F.2d 316· 3d Cir.· 1947-11-06 ·cited 20×
  A bankruptcy court abuses its discretion by refusing to confirm a properly conducted judicial sale that produced a bid substantially in excess of the appraised value, absent unfairness, fraud, mistake, or gross inadequacy of price, solely to obtain a higher bid presented at the c
• Bridier v. Burns
  145 Fla. 642· Fla.· 1941-01-14 ·cited 20×
  The court dismissed abandoned appeals for failure to prosecute and denied a petition for rehearing, stating that the original decision would not be reconsidered on the merits of financial losses to a purchaser at a void master's sale until properly presented, and that the mortgag
• VAN Delinder v. Albion Realty & Mortg., Inc.
  287 So. 2d 352· Fla. 3d DCA· 1973-12-04 ·cited 19×
  Trial court properly exercised discretion in setting aside a foreclosure sale where the mortgagee was deprived of an opportunity to bid due to attorney absence, despite the general rule that inadequacy of price alone does not warrant setting aside a judicial sale.
• Long Beach Mortg. Corp. v. Bebble
  985 So. 2d 611· Fla. 4th DCA· 2008-06-11 ·cited 18×
  Long Beach Mortgage Corporation appealed the trial court's denial of its motion to set aside a foreclosure sale where its property sold for $1,000 despite being valued at $500,000. The appellate court reversed, holding that the grossly inadequate price combined with irregularitie
• Subsaro v. VAN Heusden
  191 So. 2d 569· Fla. 3d DCA· 1966-11-01 ·cited 18×
  A trial court has jurisdiction to stay an execution sale for good cause, including gross inadequacy of price coupled with surprise or mistake preventing the owner from protecting their interest.
• Wong Shing v. M/V Mardina Trader
  564 F.2d 1183· 5th Cir.· 1977-12-22 ·cited 15×
  The court held that the arrest and sale of the vessel were proper, with sufficient notice provided, and that the confirmation of the sale price was not an abuse of discretion.
• Action Realty & Invs., Inc. v. Halima Grandison & Mortg. Elec. Registration Sys., Inc.
  930 So. 2d 674· Fla. 4th DCA· 2006-03-15 ·cited 14×
  Action Realty purchased a foreclosed property at a sale for $162,000, but the trial court vacated the sale on grounds that the title company's negligence in failing to timely obtain a payoff statement prevented the mortgagor from exercising her right of redemption. The Fourth Dis
• Herschel Levy v. Gourmet Masters, Inc.
  214 So. 2d 82· Fla. 3d DCA· 1968-03-26 ·cited 14×
  In this corporate stockholder dispute, the court reversed a judicial sale of Gourmet Masters, Inc. assets for $4,500 due to inadequate price and failure to disclose the nature and amount of assets being sold. The court also reversed a temporary injunction issued against judgment
• Edward A. Lashins, Inc. v. Baumann
  201 So. 2d 495· Fla. 2d DCA· 1967-07-14 ·cited 14×
  The court held that mere inadequacy of price, without more, is insufficient to justify vacating a judicial sale.
• Ghezzi v. Foss Launch & TUG Co.
  321 F.2d 421· 9th Cir.· 1963-07-23 ·cited 13×
  The court held that the interest of justice required reconsideration of the order confirming the sale, vacating the prior orders and remanding for redetermination.
• In re Worcester v. Worcester
  811 F.2d 1224· 9th Cir.· 1987-02-26 ·cited 12×
  The court held that a material irregularity in the foreclosure sale notice, coupled with a grossly inadequate price, is sufficient to set aside the sale under California law, and that the debtor's tender of payment was validly made.
• Surratt v. Fleming
  309 So. 2d 614· Fla. 1st DCA· 1975-03-12 ·cited 12×
  In a mechanic's lien foreclosure case, the trial court vacated a judicial sale after the certificate of title was issued, finding the bid price inadequate and the sale unfair. The appellate court affirmed the trial court's jurisdiction to consider the motion post-appeal but reman
• Mason v. Ashback
  383 F.2d 779· 10th Cir.· 1967-10-11 ·cited 12×
  The court held that the bankruptcy sale order was improvidently entered and worked a legal fraud on creditors due to lack of notice and circumstances surrounding the bidding process.
• Slocum v. Edwards
  168 F.2d 627· 2d Cir.· 1948-06-24 ·cited 12×
  The bankruptcy court has jurisdiction to set aside a prior order confirming a sale upon finding mutual mistake, even after the estate has been reopened.
• Reid v. King
  157 F.2d 868· 4th Cir.· 1946-11-11 ·cited 12×
  A bankruptcy court may refuse to confirm a sale, even if the initial bid is not grossly inadequate, when a substantially higher offer is received before confirmation, as the court is the real seller and the sale is not consummated until confirmed.
• Willis v. Hillsborough Cnty.
  117 Fla. 1· Fla.· 1934-10-15 ·cited 12×
  Hillsborough County sought to rescind sales of two separate parcels of land to Willis and Hall, claiming the defendants made fraudulent misrepresentations about improvements on the property and that the property was sold for inadequate prices. The Florida Supreme Court reversed,
• Asa May v. May
  7 Fla. 207· Fla.· 1857-01-01 ·cited 12×
  This Florida Supreme Court case concerns the proper construction of a marriage settlement deed and the validity of an administrator's private sale of a reversionary interest in slaves. The court held that all children of the settlor's daughter—from both marriages—take equally in
• U.S. Bank Nat'l Ass'n v. Bogdan Bjeljac
  43 So. 3d 851· Fla. 5th DCA· 2010-09-03 ·cited 11×
  The court held that a trial court must hold a hearing on a motion to set aside a foreclosure sale when the motion alleges a mistake (like the absence of a representative) leading to a grossly inadequate bid price, as due process requires addressing factual allegations.
• Naples Park-Vanderbilt Beach Water Dist. v. Downing
  244 So. 2d 464· Fla. 2d DCA· 1970-12-02 ·cited 9×
  The Water District and a purchaser at a foreclosure sale appealed a trial court's decision to set aside the sale based on inadequacy of price. The appellate court affirmed, finding that while inadequacy of price alone cannot overturn a sale, the trial court's judgment could be su
• Am. Tramp Shipping & Dev. Corp. v. Coal Exp. Corp.
  276 F.2d 570· 4th Cir.· 1960-03-23 ·cited 9×
  The court held that a district court has discretion to order a resale of a vessel sold at auction if the initial bid is grossly inadequate, even if the upset bidder did not attend the original sale.
• Certain Lands Upon Which Taxes Are Delinquent (Located in City of Coronado Beach v. City of Coronado Beach
  128 Fla. 884· Fla.· 1937-07-31 ·cited 9×
  A Florida landowner appealed the confirmation of a tax sale conducted by a Special Master, claiming the sale price was grossly inadequate compared to the property's actual value and that the Special Master improperly rejected a higher bid from his agent. The Florida Supreme Court
• Gibbs v. Ewing
  94 Fla. 236· Fla.· 1927-07-14 ·cited 9×
  The Florida Supreme Court dismissed an appeal from an order denying defendants' motion to vacate a judicial sale of 420 acres of land that occurred in 1923, concluding that the purchaser at the judicial sale was a necessary party to the proceedings and had not been made a party d
• The Lomas & Nettleton Co. v. Wiseley
  884 F.2d 965· 7th Cir.· 1989-09-01 ·cited 8×
  The court held that the evidence presented by Lomas & Nettleton was competent to establish a price disparity sufficient to shock the conscience and justify setting aside the sheriff's sale.
• Coker v. DeWitt C. Dawkins
  20 Fla. 141· Fla.· 1883-06-01 ·cited 7×
  In this 1883 Florida Supreme Court case, Coker appeals a decree setting aside a sheriff's sale of property purchased at execution. The court reverses, holding that the sale was conducted fairly and that inadequacy of price alone cannot invalidate a public sale conducted without f
• Moore v. Dade Glass & Mirror Co., Inc.
  357 So. 2d 221· Fla. 3d DCA· 1978-03-28 ·cited 5×
  The court held that gross inadequacy of price alone is insufficient to set aside a judicial sale; it must be coupled with irregularity, misconduct, accident, surprise, mistake, or fraud.
• Citimortgage, Inc. v. August J. Synuria
  86 So. 3d 1237· Fla. 4th DCA· 2012-05-02 ·cited 4×
  CitiMortgage appeals the denial of its motion to vacate a foreclosure sale where the property sold for $800, representing only 1.9% of the $41,580.97 judgment. The court reversed, holding that gross inadequacy of sale price resulting from the lender's mistake, combined with the d
• Kerrigan v. Mosher
  679 So. 2d 874· Fla. 1st DCA· 1996-09-20 ·cited 4×
  Homeowners appealed the denial of their motion to set aside a foreclosure sale of their homestead where a mechanic's lien creditor purchased their $300,000-$360,000 home for $100 as the sole bidder, with the homeowners' attorney inadvertently failing to attend the sale. The court
• White v. Loschiavo
  597 So. 2d 373· Fla. 4th DCA· 1992-04-15 ·cited 4×
  White appeals from an order striking her pleadings and approving a partition sale conducted without proper notice. The court held that the third judicial sale was conducted with irregular procedures and ex parte contact, depriving White of due process, and reversed the sale.
• Surratt v. Fleming
  322 So. 2d 39· Fla. 1st DCA· 1975-10-27 ·cited 4×
  Florida appellate court reversed the trial court's vacation of a judicial sale, holding that mere inadequacy of price alone cannot set aside a judicial sale without additional circumstances supporting unjust enrichment.
• Golden v. OIL Screw Frank T. Shearman (formerly John T. Lillis
  455 F.2d 133· 4th Cir.· 1972-02-10 ·cited 4×
  The court held that the district judge did not abuse his discretion in denying the motion to set aside the sale of the vessel.
• Smith v. Bankruptcy
  311 F.2d 670· 10th Cir.· 1962-12-04 ·cited 4×
  The court held that the Referee did not abuse his discretion in denying the bankrupt's petition to set aside the confirmed sale, as the sale price was not grossly inadequate and there was no showing of fraud, mistake, or other equitable grounds.