IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA
June 24, 2016
WHITBURN, LLC, )
)
Appellant, )
)
v. ) CASE NO. 2D15-1056
)
WELLS FARGO BANK, N.A.; )
BASHEER ALLY; ROOSHNEE ALLY; )
and RIVERCREST COMMUNITY )
ASSOCIATION, INC., )
)
Appellees. )
_______________________________ )
BY ORDER OF THE COURT:
Upon consideration of Appellant's motion for rehearing filed February 1,
2016,
IT IS ORDERED that Appellant's motion for rehearing is granted in part
and denied in part. The opinion issued on January 15, 2016, is withdrawn, and the
attached opinion is substituted therefor. No further motions for rehearing will be
considered.
I HEREBY CERTIFY THE FOREGOING IS A
TRUE COPY OF THE ORIGINAL COURT ORDER.
MARY ELIZABETH KUENZEL, CLERK
cc: Stuart Jay Levine, Esq.
Heather A. DeGrave, Esq.
Sara F. Holladay-Tobias, Esq.
Emily Rottman, Esq.
Taylor L. Broadhead, Esq.
Clerk of Court
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
WHITBURN, LLC, )
)
Appellant, )
)
v. ) Case No. 2D15-1056
)
WELLS FARGO BANK, N.A.; BASHEER )
ALLY; ROOSHNEE ALLY; and RIVERCREST )
COMMUNITY ASSOCIATION, INC., )
)
Appellees. )
)
)
Opinion filed June 24, 2016.
Appeal pursuant to Fla. R. App. P. 9.130 from
the Circuit Court for Hillsborough County; Raul
C. Palomino, Jr., Senior Judge.
Stuart Jay Levine and Heather A. DeGrave
of Walters, Levine, Klingensmith &
Thomison, P.A., Tampa, for Appellant.
Sara F. Holladay-Tobias, Emily Rottmann,
and Taylor L. Broadhead of McGuire
Woods LLP, Jacksonville, for Appellee
Wells Fargo Bank.
No appearance for remaining Appellees.
MORRIS, Judge.
We convert this proceeding to an appeal of a final order and affirm the
order denying the objection to foreclosure sale filed by Whitburn, LLC, after the
foreclosure sale occurred. Whitburn was not a party in the underlying foreclosure action
and did not have a legally cognizable interest in the proceeding. Whitburn, LLC v. Wells
Fargo Bank, N.A., 40 Fla. L. Weekly D2797 (Fla. 2d DCA Dec. 18, 2015). Furthermore,
Whitburn was not a bidder in the foreclosure sale. See U.S. Bank Nat'l Ass'n v. Rios,
166 So. 3d 202, 210 (Fla. 2d DCA 2015) ("The purpose of allowing an objection to a
foreclosure sale is to afford a mechanism to assure all parties and bidders to the sale
that there is no irregularity at the auction or any collusive bidding, etc." (emphasis
added) (quoting In re Catalano, 510 B.R. 654, 659 (Bankr. M.D. Fla. 2014))); see also
REO Props. Corp. v. Binder, 946 So. 2d 572, 574 (Fla. 2d DCA 2006) (recognizing that
even a bidder has limited standing to challenge a foreclosure sale). Accordingly,
Whitburn, LLC, had no standing to file a postsale objection to the foreclosure sale.
Affirmed.
SILBERMAN and BLACK, JJ., Concur.
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