Roberts v. J. I. Kislak Mortgage Corp.

I respectfully dissent.

As noted in the majority opinion, Kis-lak’s motion to vacate the foreclosure sale was filed on September 24, 1969. The trial court’s order of September 25 provided that all further action on the matter was to be stayed “pending a final disposition of Plaintiff’s Motion.” The thrust of the majority’s reasoning is that the court’s order of October 2, 1969, denying Kislak’s motion, was not a “final disposition” of the motion, and that the certificate of sale and certificate of title which were issued by the clerk of the court on October 3 were invalid, the issuance being…