JOSÉ CONDÉ, APPELLANT,
v.
MAIN STREET FUND III, LLC, APPELLEE
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Appellant challenged a trial court order overruling his objections to a foreclosure sale. The appeal was dismissed because Appellant failed to file his objections to the sale within the statutory ten-day deadline and did not respond to the court's show cause order.
The appellate court dismissed the appeal because Appellant failed to timely file his objections to the foreclosure sale as required by section 45.031(5), Florida Statutes, and did not respond to the court's show cause order. Pro se litigants, while afforded leniency in technical matters, remain bound by appellate rules and court orders.
[1] Objections to a foreclosure sale must be filed within ten days after the filing of the certificate of sale, pursuant to section 45.031(5), Florida Statutes.
[2] An appeal from an order overruling objections to a foreclosure sale is dismissed when the objections were not timely filed.
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Join FLexlaw to unlock all legal intelligence“Pursuant to section 45.031(5), Florida Statutes (2013), objections to the sale are required to be filed within ten days after the filing of the certificate of sale.”
Establishes the statutory deadline that Appellant failed to meet.
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Join FLexlaw to unlock all legal intelligenceA final foreclosure judgment was entered on October 16, 2013. A certificate of sale was issued on June 24, 2014. Appellant filed objections to the sal…
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Order Dismissing Appeal
A final judgment of foreclosure was rendered by the trial court in this case on October 16, 2013. No appeal was taken from the final judgment.
On June 24, 2014, the trial court issued a certificate of sale for the subject property.
Pursuant to section 45.031(5), Florida Statutes (2013), objections to the sale are required to be filed within ten days after the filing of the certificate of sale.
According to the trial court docket, Appellant’s objections to the sale were filed on July 10, 2014 — sixteen days after the filing of the certificate of sale.
On August 14, 2014, the trial court held a hearing on Appellant’s objections to sale, *1255and entered an order overruling Appellant’s objections.
Appellant filed this appeal of the trial court’s August 14, 2014 order on September 5, 2014.
On September 16, 2014, Appellee moved to dismiss the appeal, arguing that this Court lacked jurisdiction to hear the appeal of the challenged order.
On October 14, 2014, we entered an order denying Appellee’s motion to dismiss for lack of jurisdiction. In that same order, however, we ordered the Appellant to show cause as to why the appeal should not be dismissed because the trial court docket indicates that Appellant’s objections to sale were not filed within ten days after the filing of the certificate of sale as required by section 45.031(5).
On October 22, 2014, Appellant filed a motion seeking a ninety-day extension of time to file his initial brief.1 Appellant, however, did not respond to our October 14, 2014 show cause order and nothing in the record evidences that Appellant’s underlying objections to the foreclosure sale were timely filed.
Therefore, we dismiss the appeal. Appellant’s motion for extension of time to file his initial brief is denied as moot.