HENRY KLEIN AND SYDELLE KLEIN, HIS WIFE, APPELLANTS,
v.
ADVANCE MORTGAGE CORP., CLARENCE F. BARRY, ET AL., APPELLEES
HENRY KLEIN AND SYDELLE KLEIN, HIS WIFE, APPELLANTS,
ADVANCE MORTGAGE CORP., CLARENCE F. BARRY, ET AL., APPELLEES
450 So. 2d 601
Florida District Court of Appeal, Fourth District (1984)
Caution
Cited by 42 cases
Opinion of the Court
PER CURIAM.
Affirmed. We agree with the trial court’s determination that the title delivered pursuant to an execution sale of real property relates back to the date of recor-dation of the judgment upon which the sale was based. See Mansfield v. Johnson, 51 Fla. 239, 40 So. 196 (Fla.1906) and Black v. Miller, 219 So. 2d 106 (Fla. 3d DCA 1969). We reject appellants’ claim that the execution deed only relates back to the time of filing of a notice of levy on the judgment.
ANSTEAD, C.J., and DOWNEY and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (22 total)
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Peavy v. State, 599 So. 2d 234 (Fla. 1st DCA 1992)…cts but incorporated by reference an unsworn memorandum of law containing the factual allegations which formed the basis for the relief sought. The motion was therefore facially insufficient and correctly denied by the trial court. Daniels v. State, 450 So. 2d 601 (Fla. 4th DCA 1984); McBride v. State, 524 So. 2d 1113 (Fla. 4th DCA 1988); see also Myers v. State, 539 So. 2d 525, 526, n. 2 (Fla. 1st DCA 1989). Accordingly, we affirm the denial of appellant’s motion for' postconviction relief without prejudic…
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Oramas v. State, 615 So. 2d 853 (Fla. 2d DCA 1993)…efendant had submitted a memorandum of law in addition to his motion, which contained factual allegations which formed the basis for thé relief sought. However, the memorandum of law did not contain the proper oath in derogation of Daniels v. State, 450 So. 2d 601 (Fla. 4th DCA 1984). Accordingly, we affirm the denial of the appellant’s motion for postconviction relief without prejudice to the appellant’s right to seek relief upon a properly sworn motion. CAMPBELL, A.C.J., and SCHOONOVER and BLUE, JJ., co…
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Raines v. State, 625 So. 2d 104 (Fla. 1st DCA 1993)…to indicate whether the pleas or sentences were pursuant to the terms of a negotiated plea agreement and the contents thereof. Peavy v. State, 599 So. 2d 234 (Fla. 1st DCA 1992); Young v. State, 585 So. 2d 1184 (Fla. 5th DCA 1991); Daniels v. State, 450 So. 2d 601 (Fla. 4th DCA 1984). However, because the circuit court did not rule the motion to be facially insufficient, we affirm with leave for Raines to file an amended motion, if he so desires. AFFIRMED. ZEHMER, C.J., and BOOTH and WOLF, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Black v. Elliot L. Miller, 219 So. 2d 106 (Fla. 3d DCA 1969)
- Jambs F. Mansfield and Joseph J. Bishop v. Johnson, 51 Fla. 239 (Fla. 1906)