The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane Glenville, 252 So. 3d 1120

JP Morgan Chase obtained a final judgment of foreclosure and sold the Glenvilles' property at public auction on July 2, 2015; the clerk later filed a certificate of sale (July 6), certificate of title (July 14), and certificate of disbursements showing a surplus (July 29).
The certificate of disbursements reflected a surplus; subordinate lienholder The Bank of New York Mellon (Mellon) filed a claim to the full surplus on September 2, 2015.
The Glenvilles filed a verified claim on September 1, 2015; Florida Housing (a junior lienholder) timely filed its claim earlier in August.
The trial court awarded the surplus to the Glenvilles and Florida Housing, ruling Mellon’s claim untimely because it was filed more than 60 days after the public auction.
On appeal the Second District affirmed, concluding the 60-day claim period in section 45.031 runs from the public auction and certified conflict with the Fourth District’s Straub decision.
The Florida Supreme Court granted review and held the 60-day period for filing claims to surplus funds runs from the clerk’s issuance of the certificate of disbursements, not the auction or merely the certificate of sale/title.

Issue	Plaintiff's Argument	Defendant's Argument	Held
When does the 60‑day deadline to file a claim to foreclosure surplus begin?	Mellon: not before issuance of the certificate of sale (i.e., auction not triggering); alternatively, from certificate of sale/title.	Glenvilles/Second Dist.: begins at the public auction (the “sale”); Straub: from certificate of title.	The Court held the 60‑day period begins when the clerk issues the certificate of disbursements.

Allstate Mortgage Corp. of Florida v. Strasser, 286 So. 2d 201 (Fla. 1973) (interpreting “sale” in chapter 45 context as transfer upon filing certificate of title)
Straub v. Wells Fargo Bank, N.A., 182 So. 3d 878 (Fla. 4th DCA 2016) (held 60‑day period begins at issuance/filed certificate of title)
Bank of New York Mellon v. Glenville, 215 So. 3d 1284 (Fla. 2d DCA 2017) (held 60‑day period begins at public auction; certified conflict)
Lopez v. Hall, 233 So. 3d 451 (Fla. 2018) (statutory interpretation principles; plain-meaning review)
McKendry v. State, 641 So. 2d 45 (Fla. 1994) (specific statute controls over general statute)
Fla. State Racing Comm’n v. McLaughlin, 102 So. 2d 574 (Fla. 1958) (in pari materia rule guiding harmonization of related statutes)