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SUN BANK N.A. v. STOCKS

No. 89-981.

548 So.2d 305 (1989)

SUN BANK, N.A., Appellant, v. John R. STOCKS, St. George Island, Ltd., Coastal Housing, Corporation, Leisure Properties Ltd., a Florida Limited Partnership, Gene D. Brown and Leisure Development, Inc., and the United States of America, Appellees.

District Court of Appeal of Florida, First District.

September 7, 1989.

Attorney(s) appearing for the Case

Robert L. Mellen, III, and Virginia B. Townes, of Akerman, Senterfitt & Edison, Orlando, and Russell D. Gautier, of Moore, Williams, Bryant, Peebles & Gautier, P.A., Tallahassee, for appellant.

C. Edwin Rude Jr., and Robert M. Ervin, Jr., of Ervin, Varn, Jacobs, Odom & Ervin, Tallahassee, for St. George Island, Ltd., appellee.

Leigh D. Hart, and Ronald A. Mowrey, of Ronald A. Mowrey, P.A., Tallahassee, as Trustee in Bankruptcy for John R. Stocks, appellee.

PER CURIAM.

AFFIRMED. Sun Bank appeals a non-final order rescinding, vacating, and setting aside a final judgment of foreclosure, and vacating an order resetting the foreclosure sale. We find no error in the trial court's exercise of its authority under section 702.07, Florida Statute (1987) and Florida Rule of Civil Procedure 1.540(b). We, therefore, affirm.

BOOTH, SMITH and JOANOS...

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