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CAPLAN v. NEUMANN

No. 97-3146.

699 So.2d 1052 (1997)

Clark CAPLAN and Linda Caplan, Petitioners, v. Robert W. NEUMANN as Sheriff of Palm Beach County, and Midfirst Bank, State Savings Bank, Respondents.

District Court of Appeal of Florida, Fourth District.

October 8, 1997.

Attorney(s) appearing for the Case

Michael L. Cohen, West Palm Beach, for petitioners.

Philip S. Vova of Goldberg & Vova, Miami, for respondent Midfirst Bank, State Savings Bank.

PER CURIAM.

We quash the trial court's order granting Midfirst Bank's motion for writ of possession. The writ of possession and certificate of title cannot issue until the trial court resolves Petitioners' outstanding objection filed timely after the foreclosure sale. See § 45.031(4), Fla. Stat. (1995); Nelson v. Santora, 570 So.2d 1374 (Fla. 1st DCA 1990).

STONE, C.J., and GLICKSTEIN and SHAHOOD...

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