Smith v. First National Bank of Pompano Beach

DOWNEY, Judge.

We have for review an interlocutory order setting aside a judicial sale in a mortgage foreclosure at the behest of the second highest bidder at the sale.

The trial court had originally entered a summary final judgment of foreclosure in which it provided, among other things:. the Clerk of this Court shall sell that property at public sale at 11:00 a. m. on the 19th day of January, 1976, to the highest bidder or bidders for cash in the lobby of the Broward County Courthouse, Fort Lauderdale, Florida, after having first given notice as required by Section 45.031, Florida Statutes.”

At…