Legal Opinion

Ago

Florida Attorney General Reports

Decided May 6, 1991Published

1Opinion of the Court

James A. Neal, Jr. Attorney for Citrus County Clerk of Courts

QUESTION: 1. How should the clerk of circuit court disburse overbid proceeds when multiple interested parties have applied for the funds but there has been no judicial determination of the validity or priority of these interests? 2. What is the clerk's liability for failing to notify interested parties as identified in s. 197.502(4), F.S., of the existence of overbid proceeds and for the subsequent disbursement of overbid proceeds excluding those interested parties?

SUMMARY: 1. With the exception of government liens, s. 197.582,…

2Cases cited5 opinions

  1. National Surety Corp. v. SholtzSupreme Court of Florida · 1936
  2. Ranch v. ErnstDistrict Court of Appeal of Florida · 1979
  3. Ward v. FountainDistrict Court of Appeal of Florida · 1960
  4. Pent v. Forest Hills Holding Corp.Supreme Court of Florida · 1942
  5. Williamson v. Department of RevenueDistrict Court of Appeal of Florida · 1980

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API