GGG FOUNDATION AND TRUST LLC v. HMC ASSETS LLC III (2022)

District Court of Appeal of Florida, First District.

GGG FOUNDATION AND TRUST LLC and Sheldon J. Vann, Individually and as Manager of the Trust, Appellants, v. HMC ASSETS, LLC solely in its capacity as separate trustee of Civic Holdings III Trust, Appellee.

No. 1D21-2879

Decided: June 15, 2022

Sheldon J. Vann of the Law Office of Sheldon J. Vann, Jacksonville, for Appellants. Ashland R. Medley of Ashland Medley Law, PLLC, Coral Springs, for Appellee.

A trial court, in deciding whether there are equitable grounds to vacate a foreclosure sale, has “large discretion which will only be interfered with by the appellate court in a clear case of injustice.” Mitchell v. Mason, 75 Fla. 679, 79 So. 163, 164 (1918). In this case, the trial court did not abuse its discretion in overruling Appellant's objection to the sale. The trial court reasonably found Appellant did not prove the grounds for relief and failed to show that the sale price was inadequate or that it was the result of a mistake, fraud, or other irregularity. See Arsali v. Chase Home Fin. LLC, 121 So. 3d 511, 516 (Fla. 2013) (explaining that a plaintiff seeking to set aside a foreclosure sale based on the inadequacy of the sale price must show that the inadequacy resulted from a “mistake, accident, surprise, fraud, misconduct, or irregularity upon the part of either the purchaser or the person connected with the sale”). We therefore Affirm.

Per Curiam.

Rowe, C.J., and Jay and Long, JJ., concur.

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