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Hoyt v. State

Citations: 810 So. 2d 1007; 2002 Fla. App. LEXIS 2066; 2002 WL 271193Docket: No. 4D01-3904

Court: District Court of Appeal of Florida; February 26, 2002; Florida; State Appellate Court

Narrative Opinion Summary

The court affirms the denial of the appellant's objections to a foreclosure sale. The appellant's first three issues stem from a May 1991 hearing by the St. Lucie County Code Enforcement Board, which resulted in a fine and lien. These issues needed to be appealed in 1991 to the circuit court, and the current appeal is deemed untimely according to Florida Statutes § 162.11 (2001). The final issue was previously addressed in an earlier foreclosure judgment, which the appellant had appealed, but that appeal was dismissed due to lack of pursuit. The court finds no error in the order denying the objection to the foreclosure sale and thus affirms the decision. Judges Warner, Farmer, and Klein concur.

Legal Issues Addressed

Affirmation of Foreclosure Sale Objection Denial

Application: The court found no error in the order denying the objection to the foreclosure sale, affirming the lower court's decision.

Reasoning: The court finds no error in the order denying the objection to the foreclosure sale and thus affirms the decision.

Finality of Prior Judgments

Application: The appellant's final issue was already addressed in a prior foreclosure judgment, and the failure to pursue the earlier appeal results in the affirmation of the current decision.

Reasoning: The final issue was previously addressed in an earlier foreclosure judgment, which the appellant had appealed, but that appeal was dismissed due to lack of pursuit.

Timeliness of Appeal under Florida Statutes § 162.11

Application: The appellant's issues arising from a 1991 hearing were required to be appealed at that time, making the current appeal untimely.

Reasoning: These issues needed to be appealed in 1991 to the circuit court, and the current appeal is deemed untimely according to Florida Statutes § 162.11 (2001).