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JAGODINSKI v. WASHINGTON MUT. BANK

No. 1D10-2746.

63 So.3d 791 (2011)

Walter Thomas JAGODINSKI and Wife, Donna Sue Sessoms, Appellants, v. WASHINGTON MUTUAL BANK, J. Michael Jones a/k/a John M. Jones, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied June 17, 2011.

Attorney(s) appearing for the Case

Douglas L. Smith and Michael J. Hauversburk of Burke Blue Hutchison Walters & Smith, P.A., Panama City, for Appellants.

Jeffrey T. Kuntz and Thomas H. Loffredo of Gray Robinson, P.A., Fort Lauderdale, for Appellees.

MARSTILLER, J.

The Jagodinskis successfully bid $300,000 in a mortgage foreclosure sale of a condominium in Bay County, Florida, and received a certificate of sale. After the Clerk of Court ("Clerk") issued the certificate, unsuccessful bidder Eddie Gaw wrote a letter to the court asserting irregularities in the sale. Mr. Gaw, the third highest bidder with a bid of $250,000, alleged that the Jagodinskis did not "immediately" post the required five percent deposit...

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