SIMONSON v. PALM BEACH HOTEL CONDOMINIUM

No. 4D12-706.

93 So.3d 436 (2012)

Cynthia J. SIMONSON, Appellant, v. PALM BEACH HOTEL CONDOMINIUM ASSOCIATION, INC., and Ottawa Properties 3, LLC, Appellees.

District Court of Appeal of Florida, Fourth District.

July 11, 2012.


Attorney(s) appearing for the Case

Jonathan A. Berkowitz of Cohen, Norris, Wolmer, Ray, Telepman & Cohen, North Palm Beach, for appellant.

Ana C. Malave of Tucker & Tighe, P.A., Fort Lauderdale, for appellee, Palm Beach Hotel Condominium Association, and Jonathan J. Alfonso of Wesoloski & Carlson, P.A., Miami, for appellee, Ottawa Properties 3, LLC.


MAY, C.J.

A homeowner appeals an order denying her Objections to Judicial Sale and Motion to Set Aside Judicial Sale. She argues the trial court erred in denying her motion because no pre-sale publication notice was made, pursuant to section 45.031, Florida Statutes (2011). We agree and reverse.

After entering a judgment of foreclosure for $66,314.12, the trial court set the date of the foreclosure sale for several months later. The Final Judgment of Foreclosure...

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