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DeMARIO v. FRANKLIN MORTG. & INV. CO.

No. 93-2678.

648 So.2d 210 (1994)

Robert DeMARIO and Robert A. DeMario, and Dorothy H. Wilken, As Clerk of the Circuit Court, Appellants, v. FRANKLIN MORTGAGE & INVESTMENT CO., INC., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied February 6, 1995.

Attorney(s) appearing for the Case

Craig P. Rogers, Plantation, and Edna L. Caruso of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for appellants Robert DeMario and Robert A. DeMario.

Leigh Shinohara, West Palm Beach, for appellant Dorothy H. Wilken.

Thomas DeCarlo of Thomas D. DeCarlo, P.A., West Palm Beach, for appellees.

Rehearing and Rehearing En Banc Denied February 6, 1995.

STEVENSON, Judge.

This is an appeal from a partial summary judgment in which the trial court awarded $125,000 in surplus funds from a tax deed sale to appellee, the last title holder of record. Appellants are lienholders as a result of an unsatisfied mortgage on the property and challenge the award of the excess proceeds to appellee. Because we find that the trial court erred in failing to recognize...

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