BRIAN STREET
v.
ROYAL OAKS LANE (BISCAYNE LANDING) - NORTH MIAMI LLC
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The Florida District Court of Appeal, Third District, affirmed the trial court's decision regarding a mortgage foreclosure action involving a deficiency decree. The case establishes that trial courts have broad discretion in granting or denying deficiency judgments in foreclosure actions, and such decisions will not be disturbed on appeal absent a clear abuse of discretion.
The trial court did not abuse its discretion. A trial court's granting of a deficiency decree in mortgage foreclosure is within its sound judicial discretion and will not be disturbed on appeal unless there is a clear showing of abuse of that discretion. Similarly, a trial court's decision to permit or refuse amendment to pleadings will not be disturbed on appeal absent an 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 standard for trial court discretion in deficiency decrees and the presumption that deficiency judgments should be granted unless equitable considerations warrant denial.
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Join FLexlaw to unlock all legal intelligenceBrian Street appealed a decision in a mortgage foreclosure action brought by Royal Oaks Lane (Biscayne Landing) - North Miami LLC. The trial court exe…
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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.”).