STATE OF FLORIDA, APPELLANT,

v.

GERALD ROBERT PUGH, APPELLEE

Citator

Cited By

• Coral Gables Fed. Sayings & Loan Ass'n v. Whitewater Enters., Inc., 614 So. 2d 682 (Fla. 5th DCA 1993)
  …r to support the equitable grounds argued on appeal, the First Union court reversed the order and remanded with instructions to the trial court to enter a deficiency judgment. Similarly, in Federal Deposit Insurance Corp. v. Circle Bar Ranch, Inc., 450 So. 2d 921, 922 (Fla. 5th DCA 1984), this court held that when a mortgage secures the outstanding principal indebtedness and all of the related expenses, such as interest, costs, and fees, and when the judicial foreclosure sale of the collateral is insufficien…
• Bashar Ahmad v. Cobb Corner, Inc., 762 So. 2d 944 (Fla. 4th DCA 2000)
  …at the date of the foreclosure sale, as determined by the trial court, is the rule rather than the exception. See, e.g., Chidnese, 695 So. 2d at 938; Khan v. Simkins Indus., Inc., 687 So. 2d 16 (Fla. 3d DCA 1996); F.D.I.C. v. Circle Bar Ranch, Inc., 450 So. 2d 921 (Fla. 5th DCA 1984). Applying these established principles it is clear the trial court erred in denying a deficiency. First, there is no doubt that Ahmad, as the assignee of the Resolution Trust Corporation, owned the rights to the Cobb Corner, Inc…
• First Union Nat'l Bank OF Fla. v. Goodwin Beach P'ship, 644 So. 2d 1361 (Fla. 5th DCA 1994)
  …hat the fair market value of the realty securing the debt exceeded the judgment debt at the time of the foreclosure sale. See Ricard v. Equitable Life Assurance Society of U.S., 462 So. 2d 592 (Fla. 5th DCA 1985); F.D.I.C. v. Circle Bar Ranch, Inc., 450 So. 2d 921 (Fla. 5th DCA 1984). The decision below is flawed in several respects, necessitating reversal for a new trial on the deficiency issue. In 1990, First Union’s predecessor in interest, Southeast Bank, N.A., filed a foreclosure action against Goodwin…

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Authorities Cited

• State v. Bender, 382 So. 2d 697 (Fla. 1980)
• Alvarez v. The Honorable David Gersten, 450 So. 2d 861 (Fla. 3d DCA 1983)
• State v. Roose, 450 So. 2d 861 (Fla. 3d DCA 1984)