Shuffler

Condemnees, Rex. L. Shuffler and Betty L. Shuffler (Shufflers), appeal orders denying their motion to set aside an abandonment of a condemnation proceeding by the Community Development Commission of the City of Oceanside (Commission) (D005041, notice of appeal filed Aug. 1, 1986) and granting Commission’s motion for a new trial subject to remittitur (D004658, notice of appeal filed June 10, 1986).

Pacific Ltd. and Pacific Center Tower One (collectively, PCTO), defendants whose defaults were entered in the condemnation proceeding, appeal orders denying motions to set aside default, for leave to file a cross-complaint and reconsideration (D004186, notice of appeal filed Feb. 3, 1986).

Federal Deposit Insurance Corporation (FDIC), successor in interest to Newport Harbour National Bank (NHNB), appeals the judgment in condemnation to the extent it establishes Shufflers as owners of the property subject to condemnation, determines FDIC had no right, title or interest in the condemnation proceeds awarded and orders $1,219,916 paid to Shufflers (D004186, notice of appeal filed Mar. 4, 1986).

We give effect to the abandonment of the condemnation proceeding. Thus, except with…