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RSR INVEST. v. BARNETT BK OF PINELLAS

No. 93-03401.

647 So.2d 874 (1994)

RSR INVESTMENTS, INC. and Native Investments, Inc., Appellants, v. BARNETT BANK OF PINELLAS COUNTY; Sarah J. Lee; John S. Lee; Ted P. Wittner; Richard A. Leandri; Francis C. Leandri; Bahia Del Mar Condominium Association No. 3 of St. Petersburg, Inc., a Florida not for profit Corporation, John Doe and Jane Doe, unknown Spouses or tenants, Appellees.

District Court of Appeal of Florida, Second District.

October 28, 1994.

Attorney(s) appearing for the Case

Rex Martin Barbas, Barbas, Weed, Glenn, Morgan & Wheeley, Tampa, for appellants.

John Curtis Hucks, Powell, Carney, Moore, Hucks & Olson, P.A., St. Petersburg, for appellee Barnett Bank.

HALL, Judge.

The appellee, Barnett Bank of Pinellas County, was the owner and holder of a final judgment of foreclosure in the amount of $86,109.59. The final judgment set the judicial sale of the real property at issue for August 23, 1993, and provided that Barnett Bank would advance the costs for holding the foreclosure sale.

Through a clerical error on Barnett's counsel's calendar, no one appeared at the sale to represent Barnett. The representative of...

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