Lomas & Nettleton Co. v. Warren

This is an appeal from an order denying appellant's motion to obtain payment under the posted supersedeas bond in a prior appeal involving the same parties and subject matter. This matter originated with a complaint in foreclosure filed by appellant, The Lomas & Nettleton Company, the first mortgagee, against appellee, Kurt H. Warren, et al, in April of 1986. Judgment was rendered on December 9, 1986, and the sheriffs sale was scheduled for April 9, 1987 at 10:00 a.m.

Appellee, Jerry J. Zahuranec, was the successful bidder for the property in question at the sheriffs sale and deposited the…