In 944 CWELT-2007 LLC v. Bank of America (3D15-2091), the Third District granted a petition for certiorari that sought to quash an order denying a motion to cancel a foreclosure sale. On the date of the scheduled foreclosure sale, a motion for rehearing directed to the final judgment remained pending. The court stated that "it is well settled that a foreclosure sale cannot be held while a timely motion for rehearing is pending because enforcement of a final judgment is suspended by the filing of the rehearing motion."
One other procedural issue was included in the opinion. The court stated that it "consider[ed] the Bank’s decision not to file a response to the petition as the equivalent of a confession of error."