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SMITH v. FIRST NAT'L BANK OF POMPANO BEACH

No. 76-644.

336 So.2d 448 (1976)

David H. SMITH and Maureen L. Smith, His Wife, Appellants, v. FIRST NATIONAL BANK OF POMPANO BEACH, a National Banking Corporation, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

August 13, 1976.

Attorney(s) appearing for the Case

Larry Klein, West Palm Beach, for appellants.

Thomas E. Byrd of Byrd & Ferrell, Fort Lauderdale, for appellee Thomas E. Byrd, Trustee.

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...

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