Family Savings & Loan Ass'n v. Barkwood Landscaping Co.

Case No. 77-0^6 is an appeal from a judgment of foreclosure entered June 30, 1977, from an order setting aside judgment, sale, and confirmation entered March. 31, 1977, and from that portion of an order entered June 7, 1977, denying appellants’ motions which requested the court find the funds held by the receiver on February 28, 1977, be considered as surplus funds to which the plaintiff had waived all claim by virtue of its prior bid or, in the alternative, require an upset price on resale equal to the amount of the old judgment. The companion case, No. 77-530, is an appeal from an order of…