Florida District Courts of Appeal, 1986

Wollman v. Levy

Florida District Courts of Appeal · Decided June 17, 1986 · Baskin, Jorgenson, Schwartz

489 So. 2d 1239; 11 Fla. L. Weekly 1359; 1986 Fla. App. LEXIS 8386 (Southern Reporter, Second Series)

Cases that cite this one

6 later published cases cite this decision.

Prieto v. Federal National Mortgage Association (Fla. Dist. Ct. App. 2016)
Prieto v. Federal National Mortgage Ass'n (Fla. Dist. Ct. App. 2016)
Hoffman v. BankUnited, N.A. (Fla. Dist. Ct. App. 2014)
United Investments Ltd. Partnership v. Resolution Trust Corp. (Fla. Dist. Ct. App. 1990)
Groveland, Inc. v. O'Malley (Fla. Dist. Ct. App. 1989)
Marsh & McLennan, Inc. v. Aerolineas Nacionales Del Ecuador (Fla. Dist. Ct. App. 1988)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We affirm the final summary judgment of foreclosure, see David v. Sun Federal Savings & Loan Association, 461 So.2d 93 (Fla. 1984), but vacate the foreclosure sale of the property. Once a timely motion for rehearing is made, the operation of the judgment is suspended until the motion is disposed of. United American Ins. Co. v. Oak, 123 Fla. 159, 170, 166 So. 547, 551 (1936); see Dade County v. Snyder, 134 Fla. 756, 184 So. 489 (1938); Pruitt v. Brock, 437 So.2d 768, 772 (Fla. 1st DCA 1983). Appellants timely moved for a rehearing; therefore, the sale of the property should not have been carried out until the motion had been acted upon.

Affirmed in part, vacated in part, and remanded for further proceedings.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.