WINIFRED RENE DOBLE, APPELLANT,

v.

ENOCH HALL DOBLE, APPELLEE

Citator

Cited By

• First Nat'l Bank & Tr. Co. of Riviera Beach v. Berry, 44 Fla. Supp. 159 (Palm Beach Cty. Ct. 1976)
  …dered to be in the custody of the court and it must logically follow that the sheriff cannot be considered a proper party to an action under §78.055. Midland’s position is somewhat similar to the sheriff’s. Relying upon Nason v. Polo Water Company, 166 So. 2d 691 (2d Fla. App. 1964), Midland argues that the sheriff’s sale should go forward and the fact that the property is sold “subject to all prior liens” assures adequate protection to the secured creditor. ii There are a number of pre-code cases which ad…
• Zimmer v. Kellenberger, 27 Fla. Supp. 74 (Palm Beach Cty. Cir. Ct. 1966)
  …was received. The sheriff through his deputies breached the duty owed to the senior incumbrancer and thus must be held liable for damages caused the plaintiff by the wrongful execution and sale. Love v. Williams, 4 Fla. 126; Nason v. Polo Water Co., 166 So. 2d 691. It is therefore, upon consideration, ordered and adjudged that the plaintiff do have and recover of and from the defendant the sum of $1,600, together with interest thereon at the rate of 6 [*76] percent per annum from and after November 9, 1964,…
• Will A. Nason v. Sullivan, 169 So. 2d 859 (Fla. 2d DCA 1964)
  …le was made for the benefit of judgment creditors in the order in which their writs of execution were delivered to the sheriff. This matter was before this court in an appeal of a stay order in the case of Nason v. Polo Water Company, Fla.App.1964, 166 So. 2d 691. The court, in its opinion in said case, reversing the order granting the stay order, set forth very clearly the Florida law regarding execution sales of real and personal property and who is entitled to-the proceeds obtained therefrom. Accordingly…

Authorities Cited

• Gilmore v. Auto Owners Ins. Co., 150 So. 2d 303 (Fla. 2d DCA 1963)
• Levin v. Buchanan, 150 So. 2d 303 (Fla. 3d DCA 1963)