South Carolina Business Law Blog

Thanks to Wes Few for this case and summary. In Republic Federal Bank v. Doyle , Florida's Third District Court of Appeals ruled that although the power to grant a continuance is generally within the discretion of the trial court, "benevolence and compassion" does not constitute a lawful basis to grant same. While denying foreclosing lender's petition to overrule the trial court's grant of continuance of an August 29, 2009 foreclosure sale date based upon not wanting to "see anybody lose their home," the court determined that the trial court's "continuance was an abuse of discretion in the most basic sense of that term." The debtor had previously postponed a November 4, 2008 foreclosure order by filing for bankruptcy -- a filing which was later dismissed as frivolous. The Court noted that the statute governing foreclosures required the foreclosure sale to occur not more than 35 days after the entry of judgment. The Court of Appeal d