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On July 22, 1988, Judge Charles M. Harris (Judge Harris) of
the Brevard County court issued an order foreclosing on the
Merritt Island property. Later that year petitioner vacated the
premises.
At the foreclosure sale, the Merritt Island property was
sold for $49,000. Thereafter, a certificate of title was issued
to the purchaser.
C. Collateral Litigation Involving the Merritt Island Property
Petitioner participated in the foreclosure proceeding.
However, he failed to timely challenge the July 22, 1988,
foreclosure order, allegedly because Judge Harris’ judicial
assistant, Penny Cooper (Ms. Cooper), incorrectly dated the
order. According to petitioner, he did not discover the alleged
error until after the applicable appeal period had expired.
In March 1994, nearly 6 years after the July 22, 1988,
foreclosure order was issued, petitioner commenced an action
against Judge Harris and Ms. Cooper in the Volusia County,
Florida, circuit court (the Volusia County court). Petitioner
alleged that at the time the foreclosure order was issued, a
nonfinal order was pending on appeal before the Fifth District
Court of Appeal, the pendency of which served (in petitioner’s
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Last modified: May 25, 2011