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Klein v. Advance Mortgage Corp.

District Court of Appeal of Florida, Fourth District
May 30, 1984
450 So. 2d 601 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-2172.

May 30, 1984.

Appeal from the Circuit Court, Broward County, George W. Tedder, Jr., J.

Jerome L. Tepps of Jerome L. Tepps, P.A., Fort Lauderdale, for appellants.

Judith A. Frankel and Elliot L. Miller, Miami Beach, for appellee Barry.


Affirmed. We agree with the trial court's determination that the title delivered pursuant to an execution sale of real property relates back to the date of recordation of the judgment upon which the sale was based. See Mansfield v. Johnson, 51 Fla. 239, 40 So. 196 (Fla. 1906) and Black v. Miller, 219 So.2d 106 (Fla. 3d DCA 1969). We reject appellants' claim that the execution deed only relates back to the time of filing of a notice of levy on the judgment.

ANSTEAD, C.J., and DOWNEY and DELL, JJ., concur.


Summaries of

Klein v. Advance Mortgage Corp.

District Court of Appeal of Florida, Fourth District
May 30, 1984
450 So. 2d 601 (Fla. Dist. Ct. App. 1984)
Case details for

Klein v. Advance Mortgage Corp.

Case Details

Full title:HENRY KLEIN AND SYDELLE KLEIN, HIS WIFE, APPELLANTS, v. ADVANCE MORTGAGE…

Court:District Court of Appeal of Florida, Fourth District

Date published: May 30, 1984

Citations

450 So. 2d 601 (Fla. Dist. Ct. App. 1984)

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