District Court of Appeal of Florida

An order of the trial court setting aside a foreclosure sale based on an objection by the losing bidder at the sale is reversed where the order constituted an abuse of discretion since the objecting party failed to establish a valid basis for setting aside the sale as his objection regarding the form of the winning bidder's check was not one that he had standing to make, and further, it failed on the merits.

Appellate Information

• Decided 12/15/2006
• Published 12/15/2006

Judges

• KELLY, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• William R. Fischer, Douglas C. Zahm, and Douglas M. Bales of Douglas C. Zahm, P.A., Clearwater, for Appellant REO Properties Corporation., David S. Hendrix and Kim Hernandez Vance of Gray Robinson, P.A., Tampa, for Appellant Branch Banking & Trust Company.


• For Appellees:
  
• Joshua Magidson and Nancy S. Paikoff of Macfarlane Ferguson & McMullen, Clearwater, for Appellee Robert Binder.