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DEVER v. WELLS FARGO BANK NAT. ASS'N

No. 2D13-5830.

147 So.3d 1045 (2014)

Cornelius J. DEVER and Assunta A. Dever, Appellants, v. WELLS FARGO BANK NATIONAL ASSOCIATION, As Successor by Merger to Wachovia Bank National Association; Fifth Third Mortgage Company; and RBC Bank (USA), Appellees.

District Court of Appeal of Florida, Second District.

August 27, 2014.

Attorney(s) appearing for the Case

Richard E. Stadler of Darby Peele Crapps Green & Stadler, LLP, Lake City, for Appellants.

Todd A. Armbruster of Moskowitz, Mandell, Salim & Simowitz, P.A., Fort Lauderdale, for Appellee Wells Fargo Bank National Association, as Successor by Merger to Wachovia Bank National Association.

No appearance for remaining Appellees.

KHOUZAM, Judge.

This appeal arises from a dispute over the disbursement of surplus proceeds from a foreclosure sale. Cornelius and Assunta Dever (the record property owners) as well as Wells Fargo Bank (the holder of an unsatisfied mortgage) claimed that they were entitled to the surplus proceeds. The circuit court ordered the surplus to be disbursed to Wells Fargo, and the Devers appealed. We reverse and remand for the circuit court to order the surplus disbursed...

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