GIANTHONY HOMES, INC. v. U.S. BANK NATIONAL ASSOCIATION

No. 5D10-715.

52 So.3d 838 (2011)

GIANTHONY HOMES, INC. and Avondale Diversified, Inc., Appellants, v. U.S. BANK NATIONAL ASSOCIATION, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

January 28, 2011.


Attorney(s) appearing for the Case

George J.F. Werner , Ybor City, for Appellant.

No Appearance for Appellee.


EVANDER, J.

Gianthony Homes, Inc. and Avondale Diversified, Inc., appeal from an ex parte order setting aside a foreclosure sale and directing the Clerk to not issue them a certificate of title. We reverse because the record reflects that the order was obtained without notice to the appellants.

Appellee, U.S. Bank National Association, obtained a final judgment of foreclosure against Raphael Mendes. Appellants were the high bidders at the foreclosure...

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