JONTON, INC., A FLORIDA CORPORATION, APPELLANT,
v.
FIDELITY MORTGAGE INVESTORS, A MASSACHUSETTS BUSINESS TRUST, APPELLEE
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SMITH, Judge.
This plenary appeal was taken from an order denying the judgment debt-or’s motion to set aside a sale carried out by the clerk pursuant to a final judgment of foreclosure. While we do not have jurisdiction of a plenary appeal from an order not final, we may and do entertain the case as an interlocutory appeal. Rules 3.2 and 4.2, F.A.R.; Rosen v. Hunter, 224 So. 2d 371 (Fla.App. 3rd, 1969); Crepaldi v. Wagner, 128 So. 2d 759 (Fla.App. 1st, 1961).
Appellant attacks the sale, admittedly conducted during hours prescribed by the court, because the clerk failed to delay until the imminent arrival of a prospective bidder arranged for by appellant. The judgment creditor successfully bid an amount less than the amount of the judgment. There is no evidence the clerk agreed to delay the sale or of any other circumstances invalidating the sale. We need not and do not anticipate the merits of any prospective application by appellee for a deficiency judgment, nor of appellant’s potential defenses.
AFFIRMED.
BOYER, C. J., and COX, JOHN S., Associate Judge, concur.
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Citator
Cited By
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In re Adoption OF Robert Charles Scott, 344 So. 2d 884 (Fla. 1st DCA 1977)…an appeal from a final order, it is in fact an interlocutory appeal (Fla.App. Rule 4.2a) and we will treat it as such. (Fla.App. Rules 3.2 and 4.2 ; Crepaldi v. Wagner, 128 So. 2d 759 (Fla.1st DCA 1969); Jonton, Inc. v. Fidelity Mortgage Investors, 329 So. 2d 45, 46 (Fla.1st DCA 1976).) The record reveals that the petition was filed in early April 1976, and that two amended petitions were filed prior to the trial court’s final order of August 27. In none of those petitions, however, was the mandate of Sect…
Authorities Cited
- In re Crepaldi v. Wagner, 128 So. 2d 759 (Fla. 1st DCA 1961)
- Rosen v. Hunter, 224 So. 2d 371 (Fla. 3d DCA 1969)