NATIONAL EQUITY RECOVERY v. MIDFIRST BANK

No. 4D08-610.

8 So.3d 406 (2009)

NATIONAL EQUITY RECOVERY SERVICES, INC., Appellant, v. MIDFIRST BANK, Ronald McKenzie and Tracy McKenzie, Appellees.

District Court of Appeal of Florida, Fourth District.

March 18, 2009.


Attorney(s) appearing for the Case

Kevin Coyle Colbert, Miami, for appellant.

No brief filed for appellees.


GROSS, C.J.

This case involves the competing fee claims of the assignee of a foreclosed property owner and a surplus trustee appointed by the clerk of the court. To decide the case, we must construe the provisions of sections 45.031-45.034, Florida Statutes (2007). We hold that the trial court did not abuse its discretion by dividing statutory fees between an assignee who did not comply with the time limits of section 45.033...

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