07-6217 DOUGLAS W. RANDALL, a/k/a D. W. Randall and JULIE RANDALL, v. BISBEE-BALDWIN CORPORATION, a Florida Corporation

State: Florida

Court: Florida First District Court

Docket No: 07-6217

Case Date: 10/22/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DOUGLAS W. RANDALL, a/k/a D. W. Randall, and JULIE RANDALL, Appellants, v. BISBEE-BALDWIN CORPORATION, a Florida corporation, Appellee. _________________________________/ CASE NO. 1D07-6217 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Opinion filed October 22, 2008. An appeal from the Circuit Court for Duval County. L. Haldane Taylor, Judge.

David P. Healy of Law Offices of David P. Healy, PL, Tallahassee, for Appellants. R. Kyle Gavin and Christian P. George of Liles, Gavin, Costantino & George, Jacksonville, for Appellee.

PER CURIAM. Appellants challenge an Amended Final Judgment in Foreclosure. We affirm the trial court's rulings concerning appellants' affirmative defenses and counterclaim as well as the due diligence fee. We reverse and remand the portion of the court's order directing the sale of the separate properties "all at once."

Initially, the trial judge appeared of the mind to order sequential sales, from the discussion at the bench trial. Indeed, appellee's attorney at first seemed to agree, or at least not object to, the sequential sales, at least up to the point where appellee's chairman voiced his opinion, "I would rather not do it that way. I would rather have them all in one

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