ADMINISTRATION OF VETERAN'S AFFAIRS, AN OFFICER OF THE UNITED STATES OF AMERICA, APPELLANT,
v.
GEORGE A. BERTSCHE, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court abused its judicial power by refusing to reschedule a foreclosure sale when the appellant could not obtain an appraisal in time.
A foreclosure sale was scheduled, but the appellant could not provide required bidding instructions due to an inability to obtain an appraisal in the …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Abuse Of Judicial Power cases and more on FLexlaw
PER CURIAM.
This is an appeal from an order denying appellant’s motion to reschedule foreclosure sale with prejudice and from an order clarifying said order. We reverse and remand.
A Clerk’s Sale was scheduled for December 4, 1989 of a property on which the court had entered a summary judgment of foreclosure on November 8, 1989. The sale was not held. Appellant moved the trial court to reschedule the sale, alleging that appellant was unable to provide the required bidding instructions for the sale because an appraisal could not be obtained in the time between judgment and sale. Ultimately, the two orders being reviewed were entered.
Appellant contends that the trial court’s decision to refuse to reset the foreclosure sale constituted an abuse of judicial power. We agree. See David v. Sun Fed. Sav. & Loan Ass’n, 461 So. 2d 93, 95 (Fla.1984); Commonwealth Mortgage Corp. of America, L.P. v. Frankhouse, 551 So. 2d 599 (Fla. 4th DCA 1989); First Nationwide Savings v. Thomas, 513 So. 2d 804, 805 (Fla. 4th DCA 1987).
GLICKSTEIN, WARNER and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- David v. SUN Fed. Sav. & Loan Ass'n, 461 So. 2d 93 (Fla. 1984)
- First Nationwide Sav. v. Thomas, 513 So. 2d 804 (Fla. 4th DCA 1987)
- Commonwealth Mortg. Corp. OF Am., L.P. v. Frankhouse, 551 So. 2d 599 (Fla. 4th DCA 1989)