HOUSING AUTHORITY OF THE CITY OF MIAMI, FLORIDA, APPELLANT,
v.
ANNA MACHO, JACK RAMBO, JR., AND ANNIE MAY RAMBO, HIS WIFE, APPELLEES
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The court dismissed an interlocutory appeal from an order of sale in a foreclosure suit because the appeal had become moot. The appellant's filing of a petition for certiorari in the Supreme Court automatically stayed the foreclosure decree, rendering the order for sale ineffective.
Yes, the appeal is rendered moot because the filing of the petition for certiorari in the Supreme Court stayed the foreclosure decree, making the order for sale ineffective.
“Under rule 5.12, F.A.R., 31 F.S.A. this appeal by a commission, a public body of a political subdivision -of the state, stayed the sale order.”
Explains the initial effect of the appeal on the sale order.
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Join FLexlaw to unlock all legal intelligenceThe Housing Authority of the City of Miami appealed an order of sale entered in a foreclosure suit. This order followed a prior appeal where this cour…
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This is an interlocutory appeal from an order of sale entered in a foreclosure suit. On a prior appeal from the final decree of foreclosure this court reversed the decree in part, 181 So.2d 680, as to a matter which did not preclude enforcement of the decree by foreclosure sale. After the filing of our mandate the chancellor entered an order for sale on a specified date, and it is that order which is now appealed.
Under rule 5.12, F.A.R., 31 F.S.A. this appeal by a commission, a public body of a political subdivision -of the state, stayed the sale order. Later this appellant filed in the Supreme Court of Florida a petition for certiorari for review of the decision rendered by this court on the earlier appeal from the final decree. Under the appellate rules mentioned, the filing by the Housing Authority of its petition for certiorari in the Supreme Court operated to stay the execution or performance of the foreclosure decree, thereby rendering ineffective the present order of the trial court for sale on a stated early date. Thus it appears that this interlocutory appeal has been rendered moot, and for that reason this appeal is dismissed.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Sundie v. Haren, 253 So. 2d 857 (Fla. 1971)…e ordered a sale of the property so that they might exercise their right of redemption. It is apparent that a sale pursuant to a judgment which has been reversed is not a valid sale. See Housing Authority of the City of Miami v. Macho, Fla.App.1966, 184 So. 2d 916.” In Horn v. Horn, the case cited for conflict, this Court held:4 “If appellant determines to appeal without posting a supersedeas bond, it is his privilege to do so; but, at the same time, the lower Court has the power to enforce such decree as h…1 / 2
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City OF Miami Beach v. Cummings, 266 So. 2d 122 (Fla. 3d DCA 1972)…r appealed relating to costs and attorneys’ fees. Therefore, we reverse the order entered on July 2, 1971. City of Miami Beach v. Murphy, Fla.App.1961, 132 So. 2d 361, 362, and cases cited; Housing Authority of City of Miami v. Macho, Fla.App. 1966, 184 So. 2d 916; Sundie v. Haren, Fla.1971, 253 So. 2d 857, 858; but cf. Winters v. Parks, Fla.1956, 91 So. 2d 649, 652 (en banc); see generally El Prado Restaurant, Inc. v. Weaver, Fla.App.1972, 259 So. 2d 524 (3d D.C.A.1972.) We have observed that the city has p…
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Duval Cnty. Sch. Bd. v. Fla. Pub. Emps. Relations Comm'n & Duval Teachers United, Fea-Aft, AFL-CIO, 346 So. 2d 1087 (Fla. 1st DCA 1977)…time, the petitioning Board moves for an order recognizing the Board’s asserted entitlement, as an agency of a political subdivision of the State, to an automatic stay pending our decision. Fla. App. R. 5.12; Housing Auth. of City of Miami v. Macho, 184 So. 2d 916 (Fla.3d DCA 1966); City of Miami Beach v. Lansburgh, 217 So. 2d 348 (Fla.3d DCA 1969); City of Miami v. City of Coral Gables, 233 So. 2d 7 (Fla.3d DCA 1970). Rule 5.12’s automatic stay for public agencies conflicts with the Administrative Procedure…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hous. Auth. OF the City OF Miami v. MacHo, 181 So. 2d 680 (Fla. 3d DCA 1966)