final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Spencer
Eig, Judge. Lower Tribunal No. 17-9360
Blaxberg, Grayson, Kukoff & Forteza, P.A., and Moises T.
Grayson, for appellant.
Druin, in proper person.
EMAS, C.J., and FERNANDEZ and HENDON, JJ.
Coast Credit Union ("Space Coast") appeals from an
order directing the Clerk of the Circuit Court
("clerk") to disburse to the third-party successful
high bidder ("third-party bidder") at a foreclosure
sale the deposit he made under section 45.031(3), Florida
Statutes (2018). For the reasons that follow, we reverse the
order under review and remand with instructions to disburse
the deposit as set forth in section 45.031(3).
2018, a final judgment of foreclosure was rendered in favor
of Space Coast against Michael and Drexella Day. At the
foreclosure sale, Shmuel Druin was the third-party successful
high bidder. The third-party bidder paid the $3, 390 deposit
required under section 45.031(3), but failed to make the
final payment due the following day.
after the final payment was due, the third-party bidder filed
a "Motion for Winning Deposit Reimbursement,"
requesting that the trial court enter an order directing the
clerk to refund the entire deposit to him. In his motion, the
third-party bidder argued, without any specificity, that
there was misleading and inaccurate information regarding
title, the position of the mortgage, and the amount of the
mortgage. The following day, the clerk issued a Certificate
of Incomplete Sale, stating that the foreclosure sale should
be rescheduled. Following the issuance of the Certificate of
Incomplete Sale, Space Coast moved to reschedule the
foreclosure sale and to have the third-party bidder's
trial court entered an order rescheduling the foreclosure
sale, and entered a separate order granting the third-party
bidder's Motion for Winning Deposit Reimbursement,
directing the clerk to disburse the entire deposit to the
third-party bidder. Space Coast's appeal followed.
Coast contends that the trial court erred by directing the
clerk to disburse the deposit to the third-party bidder. We
45.031, titled "Judicial sales procedure,"
provides, in part, as follows:
In any sale of real or personal property under an order or
judgment, the procedures provided in this section and ss.
45.0315-45.035 may be followed as an alternative to any other