Inadequacy of Price Standing Alone is Not a Basis to Set Aside a Judicial Sale

FLORIDA CASE LAW UPDATES
PALMER V. HMG VENTURE PARTNER, LLC, 5D20-956 (Fla. 5th DCA May 7, 2021) 

In this Per Curiam affirmed case, Judge Cohen, in his special concurring opinion, explained the appellant, Palmer, argued the trial court abused its discretion by failing to grant him an evidentiary hearing on his timely objection to the bid amount under section 45.031(8), Florida Statutes. The judge, citing to precedent, noted that as a general proposition, mere inadequacy of price standing alone is not a basis to set aside a judicial sale. Because the only allegation in Palmer’s affidavit was the mistake in failing to attend the foreclosure sale, it was wholly inadequate to necessitate an evidentiary hearing on his objection. Document Link