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CONSALES v. SUNSHINE STATE MORTGAGE TR.

Nos. 94-1020, 94-1050.

639 So.2d 170 (1994)

CONSALES, N.V., a foreign entity, Petitioner, v. SUNSHINE STATE MORTGAGE TRUST, # 92-079 by William Sussman, Irving Sussman, Maurice Sussman, Selig Sussman, as Trustee, Southeast Equity Services, Inc., a Florida Corporation, Alois M. Cathalina, a Single Person, Leo L. Baker, Pedro Cofino, Cookies and Cream, Inc., and Abe Resnick, Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 2, 1994.

Attorney(s) appearing for the Case

Taylor, Brion, Buker & Greene and Arnaldo Velez, Munilla & Associates, Miami, for petitioner.

Laurence Feingold, Miami Beach City Atty. and John C. Dellagloria and Debora J. Turner, Asst. Miami Beach City Attys., Buchbinder & Elegant and Ira M. Elegant and Steven A. Colsky, Miami, for respondents.

Gale D. Lucy, Miami, for Jorge Davalos, Arles Reyes and Elminia Reyes as amici curiae.

Before SCHWARTZ, C.J., and JORGENSON and GODERICH, JJ.

SCHWARTZ, Chief Judge.

The second mortgagee seeks certiorari review of two orders entered after a judgment foreclosing a first mortgage on the property. We treat the petitions for certiorari as non-final appeals under Florida Rule of Appellate Procedure 9.130(a)(4)1 and reverse both orders.

The orders in question require disbursement from the surplus of the $357,000.00 successfully bid...

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