Voss v. Household Realty Corp.

District Court of Appeal of Florida

Voss v. Household Realty Corp.

687 So. 2d 972, 1997 Fla. App. LEXIS 1201, 1997 WL 66532

CourtDistrict Court of Appeal of Florida

DecidedFebruary 19, 1997

DocketNo. 96-2565

StatusPublished

This text of 687 So. 2d 972 (Voss v. Household Realty Corp.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Voss v. Household Realty Corp., 687 So. 2d 972, 1997 Fla. App. LEXIS 1201, 1997 WL 66532 (Fla. Ct. App. 1997).

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Opinion

SCHWARTZ, Chief Judge.

The purchaser at a regularly conducted judicial sale pursuant to the foreclosure of a first mortgage appeals, and we reverse, an order setting aside the sale because notice was not furnished to the second mortgagee. We need not consider whether the lack of such notice may, under the law, justify the relief granted or any of the other arguments for reversal because the record demonstrates that appropriate notice was in fact given to the attorney who had filed an appearance in the trial court on behalf of the appellee. Under Florida Rule of Judicial Administration 2.060(£ )¹ that notice was entirely sufficient. In re Estate of Brugh, 306 So.2d 599 (Fla. 2d DCA 1975). Accordingly, the order under review is reversed with directions to reinstate the result of the sale.

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SCHWARTZ, Chief Judge.

The purchaser at a regularly conducted judicial sale pursuant to the foreclosure of a first mortgage appeals, and we reverse, an order setting aside the sale because notice was not furnished to the second mortgagee. We need not consider whether the lack of such notice may, under the law, justify the relief granted or any of the other arguments for reversal because the record demonstrates that appropriate notice was in fact given to the attorney who had filed an appearance in the trial court on behalf of the appellee. Under Florida Rule of Judicial Administration 2.060(£ )¹ that notice was entirely sufficient. In re Estate of Brugh, 306 So.2d 599 (Fla. 2d DCA 1975). Accordingly, the order under review is reversed with directions to reinstate the result of the sale.

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687 So. 2d 972, 1997 Fla. App. LEXIS 1201, 1997 WL 66532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/voss-v-household-realty-corp-fladistctapp-1997.

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