MICHAEL J. SWERDLOW
v.
ROYAL OAKS LANE (BISCAYNE LANDING) - NORTH MIAMI LLC
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Third District Court of Appeal affirmed the trial court's decision regarding a mortgage foreclosure action involving a deficiency decree. The court held that a trial court's discretionary decisions in foreclosure matters are reviewed for abuse of discretion and should not be disturbed on appeal absent a clear showing of abuse.
The trial court's decision to grant a deficiency decree was affirmed. A trial court's exercise of sound judicial discretion regarding deficiency judgments in foreclosure actions consonant with equity will not be disturbed on appeal unless there is a clear showing of abuse of discretion.
“The granting of a deficiency decree in a mortgage foreclosure action is a matter for the sound judicial discretion of the trial court. Generally, the granting of a deficiency judgment is the rule rather than the exception, unless there are facts and circumstances creating equitable considerations upon which a court should deny the deficiency decree in the exercise of its discretion.”
Establishes the governing standard that deficiency decrees are generally granted unless equitable considerations warrant denial, and that trial courts have discretion in this matter.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe case involves a mortgage foreclosure action between Michael J. Swerdlow and Royal Oaks Lane (Biscayne Landing) - North Miami LLC. The trial court …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
PER CURIAM.
Affirmed. See S/D Enterprises, Inc. v. Chase Manhattan Bank, 374 So. 2d 1121, 1122 (Fla. 3d DCA 1979) (“The granting of a deficiency decree in a mortgage foreclosure action is a matter for the sound judicial discretion of the trial court. Generally, the granting of a deficiency judgment is the rule rather than the exception, unless there are facts and circumstances creating equitable considerations upon which a court should deny the deficiency decree in the exercise of its discretion.
Thus, an exercise of sound judicial discretion consonant with equity in the light of the facts should not be disturbed on appeal unless there is a showing of a clear abuse of sound judicial discretion.”) (internal citations omitted); Lasar Mfg. Co., Inc. v. Bachanov, 436 So. 2d 236, 237 (Fla. 3d DCA 1983) (“It is well settled that a trial court’s decision to permit or refuse amendment to pleadings will not be disturbed on appeal in the absence of an abuse of discretion.”).