Legal Opinion · Dissent

Jagodinski v. Washington Mutual Bank

District Court of Appeal of Florida

Decided April 14, 2011No. 1D10-2746Published

1DissentWolf, J.

The majority reverses the judgment of the trial court vacating the foreclosure sale on the basis that appellee lacked standing. Appellee presented evidence, which the trial court accepted, that demonstrated an inequity in the sales procedure which placed him at a material disadvantage as compared to the winning bidder. This inequity did not allow him to compete fairly for the property. Under these circumstances, I cannot agree that appellee lacked standing, especially in light of longstanding principles in this state providing trial courts with discretion to set aside judicial sales when…

2Cases cited8 opinions

  1. Arlt v. BuchananSupreme Court of Florida · 1966
  2. Moran-Alleen Co. v. BrownSupreme Court of Florida · 1929
  3. Alachua County v. ScharpsDistrict Court of Appeal of Florida · 2003
  4. Heilman v. Suburban Coastal Corp.District Court of Appeal of Florida · 1987
  5. Ingorvaia v. HortonDistrict Court of Appeal of Florida · 2002

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