Wummer v. Blanton

Full title: IVA POLAK WUMMER, Petitioner, v. JAMES C. BLANTON, Respondent

Court: District Court of Appeal of Florida, Fourth District

Date published: May 20, 1998

709 So. 2d 1385 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-1340

Opinion filed May 20, 1998 JANUARY TERM 1998

Petition for writ of certiorari to the Circuit Court of the Fifteenth Judicial Circuit, Palm Beach County; Moses Baker, Judge; L.T. Case No. 94-3778 AD.

Thomas F. Ryan of Thomas F. Ryan, P.A., Juno Beach, for petitioner.

James C. Blanton, West Palm Beach, pro se.

PER CURIAM.

We quash the writ of assistance and the certificate of title which we recalled by earlier order. The writ of assistance and certificate of title cannot issue until after the trial court has resolved the petitioner's pending objection to the foreclosure sale. See Caplan v. Neumann, 699 So.2d 1052 (Fla. 4th DCA 1997);Nelson v. Santora, 570 So.2d 1374 (Fla. 1st DCA 1990).

POLEN, SHAHOOD and TAYLOR, JJ., concur.