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879 So. 2d 21

Pridgen v. First Union Bank

District Court of Appeal of Florida · decided 2004-04-30

Cited by 3 later decisions — most recently October 2018

2 state decisions

Key passage — most relied on by later courts

“An order that merely schedules a foreclosure sale is not a final appealable order. Rather, it is a purely administrative, interlocutory step in the judicial sales process.”

quoted by 2 later decisions, including 264 So. 3d 1007 - Thanh-Thuy Thi Le v. Deutsche Bank National Trust Company As Trustee For Morgan Stanley Abs Capital 1 Inc., Thanh-Thuy Thi Le v. Deutsche Bank National Trust Company As Trustee For Morgan Stanley Abs Capital 1 Inc.

Relies on 829 So. 2d 961 - Beal Bank, SSB, Inc. v. Sherwin · Hoyt v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2004-04-30

View the full empirical analysis of this case →

NORTHCUTT, Judge.

¶1This case arises from a mortgage foreclosure. Irene Pridgen previously filed an untimely appeal from the final judgment of foreclosure, and this court dismissed it for lack of jurisdiction. Roughly twenty-five months after the foreclosure judgment was rendered, Pridgen filed this appeal, directed to an order scheduling the foreclosure sale.

¶2An order that merely schedules a foreclosure sale is not a final appealable order. Rather, it is a purely administrative, interlocutory step in the judicial sales process. See § 45.031(1), Fla. Stat. (2003). Neither is the order appealed here an appealable nonfinal order under Florida Rule of Appellate Procedure 9.130.

¶3In any event, Pridgen’s brief makes no complaint about the order appealed. Rather, all of her arguments challenge the underlying foreclosure judgment, which was not timely appealed. We have no jurisdiction to grant her any relief in that regard. See Beal Bank, S.S.B., Inc. v. Sherwin, 829 So.2d 961 (Fla. 4th DCA 2002); Hoyt v. State, 810 So.2d 1007 (Fla. 4th DCA 2002).

¶4For these reasons, we dismiss this appeal.

STRINGER and WALLACE, JJ., Concur.
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