Third District Court of Appeal
State of Florida
Opinion filed March 2, 2016.
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No. 3D15-1518
Lower Tribunal No. 11-38239
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Ibeth Y. Prieto and George Prieto,
Appellants,
vs.
Federal National Mortgage Association,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Monica Gordo,
Judge.
Robert Flavell, for appellants.
Choice Legal Group, P.A., and Wm. David Newman, Jr. (Fort Lauderdale),
for appellee.
Before SALTER, LOGUE, and SCALES, JJ.
ON CONFESSION OF ERROR
LOGUE, J.
In this foreclosure case, the borrowers appeal the post-judgment order
denying their motion to vacate the foreclosure sale. The property was sold to the
lender while the borrowers’ timely motion for rehearing of the judgment was
pending. Based on the lender’s commendable confession of error, we agree that the
foreclosure sale must be set aside. See Wollman v. Levy, 489 So. 2d 1239 (Fla. 3d
DCA 1986) (“Once a timely motion for rehearing is made, the operation of the
judgment is suspended until the motion is disposed of. [The borrowers] timely
moved for a rehearing; therefore, the sale of the property should not have been
carried out until the motion had been acted upon.”) (internal citations omitted);
Hoffman v. Bank United, N.A., 137 So. 3d 1039 (Fla. 2d DCA 2014) (“[W]e agree
that the foreclosure sale of the property must be set aside because the sale was
conducted while [the borrower’s] timely motion for rehearing was pending.”).
Reversed and remanded.
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