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TEX. COMMERCE BANK NAT. ASS'N v. NATHANSON

No. 98-0423.

763 So.2d 1107 (1999)

TEXAS COMMERCE BANK NATIONAL ASSOCIATION, as Custodian, Appellant, v. Michael NATHANSON a/k/a Michael E. Nathanson; Betty Nathanson a/k/a Elizabeth Ann Nathanson; PGA Property Owners Association, Inc.; Marlwood Home Owners Association, Inc.; United States of America; Jupiter Assets, Inc.; John Doe and Jane Doe as Unknown Tenants in Possession, Appellees.

District Court of Appeal of Florida, Fourth District.

December 22, 1999.

Attorney(s) appearing for the Case

Donna S. Glick and Forrest G. McSurdy of Law Offices of David J. Stern, P.A., Plantation, for appellant.

Stanley D. Klett of Watterson, Hyland & Klett, P.A., Palm Beach Gardens, for appellee Jupiter Assets, Inc.

Leigh R. Shinohara, Legal Counsel for Clerk of the Circuit Court, West Palm Beach, for amicus curiae Dorothy H. Wilken, Clerk of Circuit Court.

ON MOTION FOR REHEARING

BAILEY, JENNIFER D., Associate Judge

We deny the motion for rehearing, but grant the motion for clarification withdrawing our prior opinion and substituting the following in its place.

Appellant Texas Commerce Bank National Association (TCBNA) appeals the trial court's order overruling its objection to a foreclosure sale and denying its Motion to Require Clerk to Accept Plaintiff's Bid. We reverse.

TCBNA filed...

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