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Taylor Creek Marina v. Beal Bank

District Court of Appeal of Florida, Fourth District
Aug 9, 2000
764 So. 2d 882 (Fla. Dist. Ct. App. 2000)

Opinion

No. 4D99-3274

Opinion filed August 9, 2000 JULY TERM 2000

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Scott M. Kenney and Paul B. Kanarek, Judges; L.T. Case No. 97-719 CA09.

Steven L. Perry of McCarthy, Summers, Bobko, Wood, Sawyer Perry, P.A., Stuart, for appellants.

Fred L. Kretschmer, Jr., of Moss, Henderson, Blanton, Lanier, Kretschmer Murphy, P.A., Vero Beach, for appellee.


We affirm the trial court's amended deficiency judgment. In the original deficiency judgment, the trial court made findings which confirmed that appellee was entitled to same.

The property was sold to a bona fide, independent third-party purchaser at a foreclosure sale, after the final judgment of foreclosure had awarded appellee a first lien and appellee had bid at the sale.

There is ample authority for the trial court's award of the amended deficiency judgment. See R.K. Cooper Construction Co. v. Fulton, 216 So.2d 11 (Fla. 1968); Flagship State Bank of Jacksonville v. Drew Equipment Co., 392 So.2d 609 (Fla. 5th DCA 1981).

WARNER, C.J., STONE, J., and GLICKSTEIN, HUGH S., Senior Judge, concur.


Summaries of

Taylor Creek Marina v. Beal Bank

District Court of Appeal of Florida, Fourth District
Aug 9, 2000
764 So. 2d 882 (Fla. Dist. Ct. App. 2000)
Case details for

Taylor Creek Marina v. Beal Bank

Case Details

Full title:TAYLOR CREEK MARINA, INC., a Florida corporation, and A.D. RUSSELL a/k/a…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 9, 2000

Citations

764 So. 2d 882 (Fla. Dist. Ct. App. 2000)