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SMITH v. STEWART

Nos. 77-2414 to 77-2416.

390 So.2d 178 (1980)

Willie Freeman SMITH, Petitioner, v. The Honorable James R. STEWART, Judge of the 15TH Judicial Circuit, Richard P. Wille, Sheriff in and for Palm Beach County, and Henrietta Mason, Respondents. Willie Freeman Smith, Appellant, v. Henrietta Mason and Fred Mims, Appellees.

District Court of Appeal of Florida, Fourth District.

November 19, 1980.

Attorney(s) appearing for the Case

Jeff Tomberg and Joseph Tomberg of Law Offices of Tomberg & Woolley, P.A., Boynton Beach, for appellant/petitioner.

Edward C. Castagna, Jr., of Lavalle, Wochna, Rutherford, Maher & Truesdell, P.A., Boca Raton, for appellee/respondent Mason.

GLICKSTEIN, Judge.

Having consolidated three proceedings, a petition for certiorari, final appeal, and an interlocutory appeal, we now affirm the trial court's order denying appellant's motion to abate a sheriff's sale.

The record discloses that Henrietta Mason, appellee, obtained a judgment for tort damages in the sum of $100,000 on May 11, 1977, against Willie Freeman Smith. On September 28, 1977, Ms. Mason obtained a writ of execution. A sheriff's sale...

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