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PALM BEACH HORIZONS, INC. v. WASHINGTON MUTUAL BANK

No. 98-3348.

744 So.2d 1074 (1999)

PALM BEACH HORIZONS, INC., Appellant, v. WASHINGTON MUTUAL BANK, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 29, 1999.

Attorney(s) appearing for the Case

Michael C. Klasfeld of Richard P. Zaretsky, P.A., West Palm Beach, for appellant.

Leonard G. Rubin and Charles F. Schoech of Caldwell & Pacetti, Palm Beach, for appellee Dorothy H. Wilken, Clerk.

KREEGER, JUDITH L., Associate Judge.

The now familiar 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, filed a suggestion of bankruptcy in federal court, requiring the sale to be later invalidated. We answered this question negatively in...

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