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239 F.2d 122·
7th Cir.·
1956-11-29
·cited 4×
A confirmed judicial sale will not be set aside for mere inadequacy of price, absent fraud or mistake, and a party's subsequent offer to pay more does not divest the original buyer of their vested rights.
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223 F.2d 867·
5th Cir.·
1955-06-30
·cited 4×
The court held that an order denying a motion to vacate a final judgment is not an appealable order, and the appeal as a whole lacked merit.
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63 Fla. 384·
Fla.·
1912-01-01
·cited 4×
The Florida Supreme Court affirmed a decree ordering specific performance of a real estate contract, rejecting the seller's defenses based on inexperience and alleged inadequacy of price. The court corrected an error regarding legal charges against the property that should not ha
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381 So. 2d 1184·
Fla. 4th DCA·
1980-03-26
·cited 3×
The court held that a judicial sale can be set aside when gross inadequacy of price results from mistake, accident, surprise, fraud, misconduct, or irregularity, causing injustice.
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143 Fla. 245·
Fla.·
1940-05-28
·cited 3×
The court reversed a lower court's decree that prohibited a judgment creditor from garnishing a surety's funds. The appellate court found that the surety had not proven the sale of the replevied property was invalid or fraudulent, despite a significant discrepancy between its app
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322 So. 3d 714·
Fla. 3d DCA·
2021-06-09
·cited 2×
Alexander Volynsky, a borrower in a judicial foreclosure action, appealed an order overruling his objections to the foreclosure sale and directing issuance of a certificate of title to the winning bidder. Volynsky contended the trial court violated his due process rights by faili
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819 F.2d 242·
9th Cir.·
1987-06-09
·cited 2×
A substantial increase in an upset bid filed within the objection period for an admiralty sale warrants refusal of confirmation of the original sale, even if the price is not "grossly inadequate."
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352 So. 2d 122·
Fla. 2d DCA·
1977-11-16
·cited 2×
James Helinger appealed the denial of his motion to vacate a sheriff's sale of his real property conducted to satisfy a judgment lien held by R. M. Crow Company. The Florida District Court of Appeal reversed, finding the notice of sale defective due to an incorrect publication da
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224 So. 2d 451·
Fla. 4th DCA·
1969-06-30
·cited 2×
Judgment debtors sought to vacate execution sales of their property over two years after the sales occurred, alleging irregularities and lack of notice. The trial court denied the motion on the merits without allowing the debtors to present evidence, but the appellate court rever
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89 So. 3d 987·
Fla. 3d DCA·
2012-05-09
·cited 1×
The court held that an evidentiary hearing on the notice issue was appropriate, and that gross inadequacy of price coupled with an irregularity at auction can justify setting aside a tax deed sale.
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5 Fla. Supp. 140·
Hillsborough Cty. Cir. Ct.·
1953-02-17
·cited 1×
Hart challenges a sheriff's sale of her real property executed pursuant to a default judgment obtained against her in small claims court. The court vacates the sale, finding that the small claims court never acquired jurisdiction over Hart because notice was misdirected to a non-
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Del. Super. Ct.·
2026-01-28
Wilmington Savings Fund Society sought to confirm a sheriff's sale of residential property securing a defaulted commercial loan. Zachary Pearce challenged the sale on multiple grounds including improper notice, inadequate price, collusion, and bankruptcy stay issues. The court de
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Fla. 3d DCA·
2023-09-06
Objections to a foreclosure sale must be directed toward conduct occurring at or related to the sale itself; pre-sale procedural violations and gross inadequacy of price alone are insufficient grounds to set aside a sale.
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S.D. Fla.·
2017-01-19
The court held that the plaintiff sufficiently pleaded facts to support a plausible inference of gender-based discrimination under Title IX and adequately pleaded state law claims for breach of contract and breach of the implied covenant of good faith and fair dealing.
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911 So. 2d 806·
Fla. 1st DCA·
2005-03-21
The court held that the appellant failed to establish grounds for reversal of the trial court's denial of motions to vacate a foreclosure judgment and sale.
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272 F. Supp. 2d 1322·
M.D. Fla.·
2003-07-10
The court held that the sale price of the vessel was not grossly inadequate, and therefore, the judicial sale would be confirmed.
-
Del. Super. Ct.·
2003-05-27
The Court denied the defendants' motion to vacate confirmation and set aside the sheriff's sale. The Court found that the County provided adequate notice of the sale, satisfying due process requirements, and that the challenge to the purchase price was raised too late and lacked
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914 F. Supp. 527·
S.D. Fla.·
1996-01-04
The court held that the bid of $475,000 was too low to confirm given the potential for a higher bid and the purpose of judicial sales, and denied the motion to confirm.
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516 So. 2d 339·
Fla. 1st DCA·
1987-12-15
The court held that the attorney's search for the defendant was not diligent, and the inadequacy of the sale price warranted vacating the sale.
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489 So. 2d 70·
Fla. 4th DCA·
1986-04-16
In this foreclosure sale case, the appellate court affirmed the trial court's decision to set aside a judicial sale where property was sold for $100 to the only bidder after the mortgagee's agent failed to attend the sale. The court held that gross inadequacy of price, when combi
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447 So. 2d 900·
Fla. 2d DCA·
1984-02-08
The court held that the gross inadequacy of the sale price, coupled with the irregularity of the announcement that the sale was subject to outstanding liens, was sufficient grounds to set aside the partition sale.
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46 Fla. Supp. 97·
Palm Beach Cty. Cir. Ct.·
1977-08-29
In this mortgage foreclosure case, the circuit court initially denied defendants' motion to vacate a default judgment and foreclosure sale, finding Mrs. Peterson suffered excusable neglect but lacked a meritorious defense. However, the court subsequently vacated the judicial sale
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37 Fla. Supp. 151·
Seminole Cty. Cir. Ct.·
1971-09-08
In this post-divorce partition action, the court set aside a judicial sale of the marital residence due to significant irregularities and confusion in the sale process, including ambiguities in the judgment of partition regarding deposit requirements and contradictory instruction
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215 So. 2d 623·
Fla. 3d DCA·
1968-11-19
A widow appealed a summary judgment confirming the bank's sale of pledged stock to satisfy promissory notes executed jointly with her deceased husband. The court affirmed, finding no error in the bank's sale of the stock, including shares owned individually by the widow, at a pri
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123 F.2d 278·
5th Cir.·
1941-11-12
The court held that a bankruptcy trustee's sale should not be cancelled eight years later based on a creditor's claims of lack of notice and inadequate price, especially when the creditor's testimony was contradicted and the price inadequacy was not glaringly gross.