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115 Fla. 535

155 So 742

Smith v. Floyd

Supreme Court of Florida

Decided June 21, 1934

Supreme Court of Florida · decided 1934-06-21

Cited by 1 later decisions — most recently June 1937

1 state decisions

Relies on Fiehe v. Householder Co. · Grimsley v. Rosenberg

Good law ✅— No negative treatment on recordhow we know

Decided 1934-06-21

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Per Curiam.

¶1 In a suit to foreclose the lien of a tax sale certificate for unpaid State and county taxes for 1929, the court on December 8, 1932, decreed a foreclosure and sale. The decree was not filed for record till January 5, 1933. The sale was made January 2, 1933, and the sale confirmed by the court January 3, 1933. On January 10, 1933, the court set aside the order confirming the sale and ordered another sale of the property to be made on February 6, 1933. Complainant appealed from the last stated order.

¶2 “Decrees in equity may be signed by the judge when pronounced, and shall be recorded in the chancery order book of the court without any other enrollment. And no process shall be issued or other proceedings had on any final decree *536 or order until the same shall have been signed and recorded as aforesaid.” Section 4948 (3160), C. G. L.

¶3 The final decree was not filed and recorded until after the sale thereunder and the confirmation of the sale, which was reversible error. Fiehe v. Householder Co., 98 Fla. 627, 125 So. 2; Grimsley v. Rosenberg, 94 Fla. 673, 114 So. 553.

¶4 The order appealed from set' aside the order confirming the sale and ordered another sale of the property which cured the previous error.

¶5 Affirmed.

Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur. • •
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