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WILKEN v. NORTH COUNTRY CO., INC.

Nos. 94-2829 and 94-3323.

670 So.2d 181 (1996)

Dorothy H. WILKEN, as clerk of the Circuit Court of the Fifteenth Judicial Circuit, Appellant, v. NORTH COUNTRY COMPANY, INC., a Florida corporation, Yogi-By-The Sea Condominium Assoc., Inc., FDIC, as Liquidating agent for Malden Trust Company, a dissolved Massachusetts trust company, Appellees.

District Court of Appeal of Florida, Fourth District.

March 27, 1996.

Attorney(s) appearing for the Case

Russell S. Bohn of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, and Leigh R. Shinohara, West Palm Beach, for appellant.

No appearance for appellees.

M. Craig Aronberg, Cherry Hill, New Jersey, pro se Real Party in Interest.

Gino Bologna and Marian Bologna, Juno Beach, pro se Real Party in Interest.

STEVENSON, Judge.

The question in this appeal is whether the clerk of the circuit court must refund registry and sales fees to a successful bidder at a foreclosure sale where the mortgagor/debtor, prior to the sale and without written notice to the clerk, has filed a suggestion of bankruptcy in federal court, requiring the sale to be later invalidated. On the authority of Bauer v. Resolution Trust Corp., 621 So.2d 521 (Fla...

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