Jonton, Inc. v. Fidelity Mortgage Investors

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…