JIMMY GARDNER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Shlishey THE Best, Inc. v. Citifinancial Equity Servs., Inc., 14 So. 3d 1271 (Fla. 2d DCA 2009)
  …in Florida a residence is sold at a foreclosure sale ... at the time that the certificate of sale is filed by the clerk”). Thus, while Shlishey’s rights in the property may have been inchoate during the ten-day objection period, see Roy v. Matheson, 263 So. 2d 604, 606 (Fla. 4th DCA 1972), it nevertheless had protectable legal rights in the property. Accordingly, Shlishey was entitled to notice and an opportunity to be heard before those rights were taken away. CitiFinancial also contends that the trial cour…
• The Islamorada Bank v. Rodriguez, 452 So. 2d 61 (Fla. 3d DCA 1984)
  …ued to mean mortgagor. This interpretation is consistent with decisions of this and other courts. Compare Allstate Mortgage (the mortgagor redeemed her property after foreclosure sale but before issuance of certificate of title) and Roy v. Matheson, 263 So. 2d 604 (Fla. 4th DCA 1972) (same) with Glendale (the mortgagee not permitted to redeem after entry of summary judgment and sale) and Shipp (same). We find that any equity of redemption belonging to Rodriguez as the assign-ee of Miami National, was extingu…
• Marylin S. Baron v. Aiello, 319 So. 2d 198 (Fla. 3d DCA 1975)
  …e of the mortgage on the property to which a judgment lien is attached, the lien as to that property is extinguished. County of Pinellas v. Clearwater Federal Savings and Loan Association, Fla.App.1968, 214 So. 2d 525; Roy v. Matheson, Fla.App.1972, 263 So. 2d 604. In the case before us, the mortgage which was foreclosed was recorded in [*200] March 1972, one year prior to the judgment obtained by the appellee-intervenor, and thus this recorded purchase money mortgage took priority over and was senior to app…

Authorities Cited

• Snell v. Mayo, 84 So. 2d 581 (Fla. 1956)