Summary
setting aside the foreclosure sale of property because the sale was conducted while Hoffman's timely motion for rehearing was pending
Summary of this case from Lowenstein v. U.S. BankOpinion
No. 2D12–6255.
2014-02-19
Arthur P. HOFFMAN, a/k/a Paul Hoffman, Appellant, v. BANKUNITED, N.A., as successor in interest to Bankunited, FSB, Appellee.
Appeal from the Circuit Court for Lee County; Michael T. McHugh, Judge. Robert L. Donald of Law Office of Robert L. Donald, Fort Myers, for Appellant. Gary M. Carman of Gray Robinson, P.A., Miami, for Appellee.
Appeal from the Circuit Court for Lee County; Michael T. McHugh, Judge.
Robert L. Donald of Law Office of Robert L. Donald, Fort Myers, for Appellant. Gary M. Carman of Gray Robinson, P.A., Miami, for Appellee.
SILBERMAN, Judge.
Arthur P. Hoffman appeals the final judgment of foreclosure entered in favor of BankUnited, FSB, and raises four issues. As to the three issues regarding the sufficiency of the evidence to support the final judgment, we conclude that Hoffman is not entitled to relief and affirm without discussion. On the fourth issue, we agree that the foreclosure sale of the property must be set aside because the sale was conducted while Hoffman's timely motion for rehearing was pending. See Wollman v. Levy, 489 So.2d 1239, 1239 (Fla. 3d DCA 1986). Accordingly, we vacate the foreclosure sale. Because the trial court disposed of the rehearing motion some time after the sale, the court may again order the foreclosure sale of the property on remand.
Affirmed in part, vacated in part, and remanded with directions. DAVIS, C.J., and SLEET, J., concur.