SURRATT v. FLEMING

No. V-262.

309 So.2d 614 (1975)

Glenn M. SURRATT, Appellant, v. Claude L. FLEMING and Priscilla Fleming, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 8, 1975.


Attorney(s) appearing for the Case

H. Diane Breithaupt, Gainesville, for appellant.

Allison Folds of Fagan, Crouch, Anderson & Folds, Gainesville, Jackson Bryan of Bryan & Middleton, Palatka, and P. Ause Brown, Jr., Gainesville, for appellees.


MILLS, Judge.

This appeal arises out of a mechanic's lien foreclosure suit. Appellees, defendants-property owners below, allowed a default to be taken against them. Appellant was the successful bidder at the sale which was held under Section 45.031, Florida Statutes. Appellees did not attend the sale nor file objections thereto.

Four days after the clerk issued the certificate of title to appellant, appellees filed a motion to vacate and set aside the sale...

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