American Savings & Loan Association of Florida v. Saga Development Corporation

• Decision Date: 01 August 1978
• Docket Number: 78-570 and 78-571,Nos. 78-549,s. 78-549
• Citation: American Savings & Loan Association of Florida v. Saga Development Corporation, 362 So.2d 54 (Fla. App. 1978)
• Parties: AMERICAN SAVINGS & LOAN ASSOCIATION OF FLORIDA, etc., et al., Appellants, v. SAGA DEVELOPMENT CORPORATION, a Delaware Corporation, et al., Appellees.
• Court: Florida District Court of Appeals

Page 54

362 So.2d 54

AMERICAN SAVINGS & LOAN ASSOCIATION OF FLORIDA, etc., et al., Appellants, v. SAGA DEVELOPMENT CORPORATION, a Delaware Corporation, et al., Appellees.

Nos. 78-549, 78-570 and 78-571.

District Court of Appeal of Florida, Third District.

Aug. 1, 1978.

Rehearing Denied Sept. 29, 1978.

Appeals from the Circuit Court for Dade County; Francis X. Knuck, judge.

Heller & Kaplan and Daniel Neal Heller, Horton, Perse & Ginsberg and Mallory H. Horton, Miami, for appellants.

Arky, Freed, Stearns, Watson & Greer and Eugene E. Stearns, Miami, for appellees.

Before PEARSON, HENDRY and NATHAN, JJ.

PER CURIAM.

By these consolidated appeals, appellants essentially contend that the trial court was without jurisdiction to clarify and modify certain orders it had entered in proceedings following a foreclosure sale. An examination of the record and the relevant law reveals these contentions are without merit. When, after various hearings, the court modified its prior orders, it acted in accordance with the fundamental equitable principle that a trial court has inherent power to control its own judgments, and we perceive no error in the actions taken. Therefore, the orders appealed from are affirmed. Marsh v. Marsh, 72 Fla. 142, 72 So. 638 (1916); Surratt v. Fleming, 309 So.2d 614 (Fla. 1st DCA 1975). See also Fatolitis v. Fatolitis, 247 So.2d 525 (Fla. 2d DCA 1971); Fla.R.Civ.P. 1.540(b). See generally Arlt v. Buchanan, 190 So.2d 575 (Fla.1966).

Affi...