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District Court of Appeal of Florida


Sudhoff v. Fed. Nat'l Mortgage Ass'n, 5D05-3137

An order denying a wife's motions to intervene and set aside the judicial sale of her marital home is reversed where the court abused its discretion in denying the motion since the wife -- who was not named as a party in the foreclosure suit -- was, at the least, a necessary party who had a sufficient stake in the outcome to permit her to intervene and seek whatever relief might be available to her, and her equity of redemption was extinguished without due process.

Appellate Information

  • Decided 10/20/2006
  • Published 10/20/2006

Judges

  • PER CURIAM.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Nicholas Weilhammer of The Sketchley Law Firm, P.A., Tallahassee, for Appellant.

  • For Appellees:
  • Susan C. Minor and Marisa D. Ajmo, of Shapiro & Fishman, LLP, Boca Raton, for Appellee.
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