Sullivan v. Malden Trust Co.

THREADGILL, Acting Chief Judge.

William Robert Sullivan, defendant in a foreclosure action, appeals from an order rescinding a previous order that distributed excess foreclosure sale proceeds to him. The order being appealed was entered upon an emergency motion to vacate the order filed by intervenor, South Seas West Condominium Apartments of Marco, Inc. South Seas claimed an interest in the excess proceeds for past due condominium assessments. Because South Seas’ motion was untimely, we reverse.

Mr. Sullivan owned a unit at South Seas Condominium Apartments. The unit was encumbered by a second…