CopyCited 107 times | Published | Court of Appeals for the Eleventh Circuit
...Emmanuel,
565 F.3d 1324, 1330–32 (11th Cir. 2009) (reviewing de novo whether the Fourth
Amendment applied to a foreign search of a foreign national).
Florida law has specific requirements for notice and an opportunity to be
heard. See Fla. Stat. §
56.21 (“When levying upon real property, notice of such
levy and execution sale and affidavit ....
...ly failed to succeed
on the merits.
The execution of the real property was likewise proper under Florida law.
The Partnerships complain that Plaintiffs did not furnish the required affidavit,
rendering the execution invalid. See Fla. Stat. § 56.21; cf....
...In re King,
463 B.R.
51
Case: 13-11339 Date Filed: 10/16/2014 Page: 52 of 67
555, 566 (Bankr. S.D. Fla. 2011) (setting aside an execution sale where judgment
creditors failed to comply with the §
56.21 30-day requirement)....
CopyCited 24 times | Published | Florida 4th District Court of Appeal | 2001 WL 883234
the judgment or decree on which it is issued." §
56.021, Fla. Stat. (2000); Fla. R. Civ. P. 1.550(a).
CopyCited 11 times | Published | Supreme Court of Florida | 1981 Fla. LEXIS 2546
...nth Judicial Circuit, Orange County, which held a state statute unconstitutional. Appellee filed its notice of appeal on April 19, 1979. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. (1972). This case involves the constitutionality of former section 56.21, Florida Statutes (1975), which provided the procedure followed below in carrying out an execution sale....
...ale on the ground of gross inadequacy of the bid price. The statute was amended after the instant proceedings were initiated, and now provides for notice by certified mail to owners of land to be sold under execution. Ch. 77-462, § 2, Laws of Fla.; § 56.21, Fla....
...On May 10, 1977, the department filed a lien against Elegante's real property in Orange County and requested that the sheriff levy on it. The Orange County sheriff's office then proceeded to file and publish a notice of sheriff's sale in compliance with section 56.21, Florida Statutes (1975)....
...After purchasing the property at the sheriff's sale, Quay Development filed suit to quiet title. Elegante filed a counter-claim to set aside the sale and a third party claim against the Department of Revenue. The trial court set aside the sale on the *903 ground that section 56.21, Florida Statutes (1975), was unconstitutional for not requiring notice to be sent to Elegante by mail....
...The court went on to state an alternative ground for setting aside the sale: that the failure to effectuate actual notice made out a showing of mistake, surprise, accident, or irregularity sufficient to provide a basis for setting aside the sale for inadequacy of price. The appellant contends that the notice provisions of section 56.21 were not offensive to due process. We disagree and affirm the judgment on the ground that former section 56.21 was unconstitutional as applied in this case....
...This accrues to the benefit both of the state and the delinquent taxpayer. We hold that Elegante Building Corporation's right against the deprivation of property without due process of law was violated by the state's use of the procedure authorized by former section 56.21....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1990 Fla. App. LEXIS 6712, 1990 WL 127342
...Merritt of Merritt and Watson, P.A., Eustis, for appellant. Carla R. Pepperman of Austin, Lawrence & Landis, Leesburg, for appellees. GRIFFIN, Judge. This is the appeal of an order setting aside a judicial sale for failure to comply with the technical requirements of section 56.21, Florida Statutes, which states in pertinent part: On or before the date of the first publication or posting of the notice of sale, a copy of the notice of sale shall be furnished by certified mail to the attorney of record of the judgm...
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2609377
satisfaction of a writ of execution. Pursuant to section
56.021 of the Florida Statutes (2005), the sheriff
CopyCited 1 times | Published | District Court, S.D. Florida | 1987 U.S. Dist. LEXIS 9191
...dures were followed on execution, there being no federal statute applicable to the contrary. Juneau Spruce Corp. v. International Longshoremen's & Warehousemen's Union,
128 F.Supp. 697 (D.C. Hawaii 1955). [2] Turning to Florida law, Florida Statutes Section
56.21 (1982) governed the procedures to be followed for execution sales at the time of the events herein....
...of the sale beforehand. Mr. Hustead seeks to excuse the lack of actual notice to the Hunters by the fact that he assumed it was the Marshal's duty to provide notice of the sale by certified mail to the Hunters. While it is true that Florida Statutes Section 56.21 is silent as to where responsibility for mailing the notice lies, [3] Florida's decisional law is clear that equitable jurisdiction may be invoked to vacate an execution sale where there was a mistake or irregularity in the sale of the...
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16916
...On November 22, 1976, the sheriff’s department mailed a notice of sheriff’s sale and a copy of the instructions for levy to the appellant at 2640 Central Avenue, St. Petersburg, Florida. The notice stated that the property would be sold at public sale on Monday, January 3, 1976, at 11:00 a. m. Pursuant to Section 56.21, Florida Statutes (1975), the sheriff’s department also caused the following notice to be published in a Pinellas County newspaper on November 26 and December 3, 10, 17, 1976: “NOTICE OF SHERIFF’S SALE IN THE CIVIL AND CRIMINAL COURT OF RECORD OF PINELLAS COUNTY, FLORIDA Case # 32,889 R....
CopyPublished | District Court of Appeal of Florida
order of the court at any time after judgment.”); §
56.021, Fla. Stat. (“When issued, an execution is valid
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 2943, 2010 WL 785936
...371 (M.D.Fla.2007), in which the court stated that a plain reading of section
56.29 makes it clear that the “court’s powers to help a judgment creditor obtain transferred property expressly apply only to personal property and not to real property.” Id. at 383 . Section
56.21, Florida Statutes (2005), establishes the notice requirement for the execution sale of real property and provides in relevant part: Notice of all sales under execution shall be given by advertisement once each week for 4 successive weeks in a newspaper published in the county in which the sale is to take place.......
...When selling real or personal property, the sale date shall not be earlier than 30 days after the date of the first advertisement. Thus, Cypress Recovery maintains that the Gamezes’ due process rights are provided for and satisfied by the requirements of section 56.21....
...Mullane suggests that fulfilling a party’s due process rights is not the duty or burden of any specific entity but rather that a party whose rights may ultimately be affected by a proceeding must be given notice enough in advance so that he may obtain a hearing before he is deprived of his property. Section 56.21 provides for sufficient notice to a third party real property owner and affords such property owners a reasonable time to make an appearance. Where the third party property owner is given notice as required by section 56.21, they have the opportunity to intervene in the action and assert their defenses....
CopyPublished | Florida 3rd District Court of Appeal | 2014 WL 3456201, 2014 Fla. App. LEXIS 10906
...During the pendency of the appeal, Stettner’s condominium was sold at a sheriff’s
sale on January 15, 2014. Stettner filed an emergency motion to vacate the
sheriff’s sale, asserting he had not been given proper notice of the sheriff’s sale as
required by section 56.21, Florida Statutes (2009)....
...order
denying the motion to vacate and remand for the trial court to conduct a full
evidentiary hearing for the purpose of resolving these disputed issues of fact.
The order denying Stettner’s motion to vacate the sheriff’s sale
Under section 56.21, Florida Statutes (2013), notice of all execution sales
must be given by advertisement in a local newspaper each week for four
consecutive weeks:
On or before the date of the first publication or posting of the notice of...
...Nevertheless, Richardson’s affidavit listed
only the Miami condo as Stettner’s address, and did not include the name of
Stettner’s counsel or counsel’s address. As a result, it appears there are disputed
facts as to whether Stettner or his counsel received the requisite notice pursuant to
section 56.21.
12
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 23 Fla. L. Weekly Fed. B 273, 2011 WL 7111364, 2011 Bankr. LEXIS 5280
...when executing on the Real Property. Mr. King argues that the Trustee did not follow proper execution sale procedures in that (1) the sale was not held at least 30 days after the date of the first advertisement of the sale as required by Fla. Stat. § 56.21, and (2) the Notice of Sale failed to state a specific location at the Palm Beach County Courthouse where the sale would take place. Fla. Stat. § 56.21 addresses the notice requirements for an execution sale....
...Thirty days from February 25, 2010 is Saturday, March 27, 2010. Fla. Stat. §
56.22 provides that sales of property under legal process shall take place on any day of the week except Saturday and Sunday. The earliest date on which the Real Property could be sold consistent with Fla. Stat. §
56.21 was Monday, March 29, 2010. The execution sale of the Real Property took place four days earlier on March 25, 2010. Mr. King argues that the word "shall", as used in Fla. Stat. §
56.21 to provide that the sale date shall not be earlier than thirty days after the date of the first advertisement, requires strict compliance....
...Because the Trustee failed to comply with the thirty-day notice requirement, Mr. King argues, the sale must be set aside. The Court agrees. Neither party has cited, and the Court's research has not revealed, a Florida case directly addressing whether the thirty day notice requirement in Fla. Stat. § 56.21 must be strictly applied....
...On the other hand, "where the statute provides for the deprivation of a property right, the procedural requirements here in question cannot be regarded as an "immaterial matter" or a "matter of convenience rather than substance."" Id. The Trustee points out that Fla. Stat. § 56.21 provides a method for reducing the four week advertising requirement and argues that because the statute allows for such reduction the thirty day notice provision should not be strictly applied....
...date of a tax sale is a vital component of the notice provision and must be strictly applied. See Thacker v. Biggers,
48 So.2d 750 (Fla.1950). A parallel analysis supports this Court's conclusion that the thirty day notice requirement in Fla. Stat. §
56.21 must be strictly applied....
...Whether to set aside a sale under such circumstances is within the discretion of the trial court. Long Beach Mortg. Corp. v. Bebble,
985 So.2d 611, 613 (Fla. 4th DCA 2008) (foreclosure sale); Bit-O-Sweden, Inc. v. Kittredge, *567
566 So.2d 364, 365 (Fla. 5th DCA 1990) (sale under Florida Statutes §
56.21)....
...e date of the first advertisement, the execution sale must be set aside. As previously noted, the execution sale took place four days prior to the first permissible sale date under Florida law. Even if the thirty-day notice requirement of Fla. Stat. § 56.21 does not require strict compliance, the Court may take into account the failure to provide a full thirty days of notice when considering whether there were irregularities in the sale process that resulted in or were connected with an inadequate sale price for the Real Property....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16914
...Thereafter, the wife levied executions on both judgments and notwithstanding the fact that the property in question is located in the heart of Orlando, advertised her notice of the sheriff’s sale in a small weekly newspaper (The Apopka Chief) pursuant to Florida Statute § 56.21 (1975)....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
...Section
56.061 , Florida Statutes, specifies that "[l]ands and tenements, goods and chattels, equities of redemption in real and personal property, and stock in corporations, shall be subject to levy and sale under execution." All sales, both for real and personal property, must be noticed as prescribed in section
56.21 , Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16545
...77. An order was entered by the Circuit Court of Okeechobee County 2 on February 17, 1977, reciting that an affidavit had been filed reflecting that the cattle levied upon were in extremely poor condition, therefore subject to decay, and pursuant to Section 56.21, 3 Florida Statutes, ordered the Sheriff of Marion County, after publishing a notice of sale two times, to sell the subject cattle at public auction on February 25, 1977....
...Proctor, to assert any remedies that may be available to him in the Circuit Court of Okeechobee County. The interlocutory appeal is dismissed. SMITH and ERVIN, JJ., concur. . Situated in the Fifth Judicial Circuit. . Situated in the Nineteenth Judicial Circuit. . Sec. 56.21, Fla.Stat, provides, in part: “....
