SPERLING v. U.S.

No. 3D07-1157.

994 So.2d 1139 (2008)

Benjie SPERLING, etc., Appellant, v. UNITED STATES of America, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 14, 2008.


Attorney(s) appearing for the Case

Larson and Jones and Steven L. Jones, Miami Shores, for appellant.

R. Alexander Acosta, United States Attorney, and Grisel Alonso and Richard Parker, Assistant United States Attorneys, for appellee.

Before COPE, WELLS, and SALTER, JJ.


SALTER, J.

Benjie Sperling ("Sperling"), as trustee, appeals a circuit court order awarding surplus foreclosure sale proceeds to the United States of America and denying Sperling's own motion for distribution of the surplus proceeds to him. Because (a) Sperling failed to comply with the federal statutes pertaining to the United States' tax lien in Sperling's earlier efforts to eliminate or subordinate the federal lien, and (b) Sperling's judgment "quieting title"...

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