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WELLS FARGO FINANCIAL SYSTEM FLORIDA v. GRP

No. 2D04-1891.

890 So.2d 383 (2004)

WELLS FARGO FINANCIAL SYSTEM FLORIDA, INC., Appellant, v. GRP FINANCIAL SERVICES CORP. and Kerri E. Bell, Appellees.

District Court of Appeal of Florida, Second District.

December 22, 2004.

Attorney(s) appearing for the Case

Forrest G. McSurdy of Stern & McSurdy, P.A., Plantation, for Appellant.

Gordon R. Duncan of Duncan & Tardif, P.A., Fort Myers, for Appellee GRP Financial Services Corp.

No appearance for Appellee Kerri E. Bell.

NORTHCUTT, Judge.

Wells Fargo Financial System Florida, Inc., appeals an order denying its motion to vacate a foreclosure sale. We reverse because the circuit court mistakenly believed that it lacked discretion to vacate the sale under the facts of the case.

Wells Fargo and GRP Financial Services Corp. had competing mortgages on a property, and both filed foreclosure actions, which were then consolidated. The two parties reached a mediated agreement. As provided...

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