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BANKERS TRUST CO. OF CAL. v. WEIDNER

No. 97-195.

688 So.2d 453 (1997)

BANKERS TRUST COMPANY OF CALIFORNIA, N.A., etc., Petitioner, v. John William WEIDNER, III, etc., et al, Respondent.

District Court of Appeal of Florida, Fifth District.

February 28, 1997.

Attorney(s) appearing for the Case

Robert W. Lee and Vivian Miller of Smith & Hiatt, P.A., Ft. Lauderdale, for Petitioner.

No Appearance for Respondents.

HARRIS, Judge.

Bankers Trust Co. of California, N.A. successfully obtained a summary judgment of foreclosure of the property involved in this action. A foreclosure sale was set for December 19, 1996. There is no question that the summary judgment was properly entered. The mortgagor, however, died on December 3, 1996 leaving two children. Her father moved to be appointed guardian of the minor child and petitioned the court to stay the foreclosure sale for at least...

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