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BENNETT v. WARD

No. 95-1333.

667 So.2d 378 (1995)

Virgel BENNETT, Appellant, v. Lucy WARD, First Union National Bank of Florida, and United States of America, Internal Revenue Service, Appellees.

District Court of Appeal of Florida, First District.

December 4, 1995.

Attorney(s) appearing for the Case

Cary A. Hardee, Madison, for Appellant.

Robert J. Schramm, Perry, for Appellee Lucy Ward.

BENTON, Judge.

Virgel Bennett appeals the circuit court's denial of his motion for relief from judgment. Proceeding under Florida Rule of Civil Procedure 1.540, he seeks to set aside a judgment of foreclosure and argues that the subsequent judicial sale of real estate he had encumbered with two mortgages should be rescinded, because he was not served with notice of trial or with any copy of the final judgment of foreclosure, the notice of sale, the certificate of...

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