HAMPTON ENTERPRISES, INC., A NORTH CAROLINA CORPORATION, APPELLANT,

v.

HARVEY ADELMAN, APPELLEE

Citator

Cited By (20 total)

• Bartram v. U.S. Bank Nat'l Ass'n, 211 So. 3d 1009 (Fla. 2016)
  …period of default from the one alleged in the first action, the case is not necessarily barred by res judicata.” Singleton, 882 So. 2d at 1006-07. In support, we cited [*1017] with approval the Fourth District’s reasoning in Capital Bank v. Needle, 596 So. 2d 1134 (Fla. 4th DCA 1992): Our reading of the case law set out above leads us to conclude that a final adjudication in a foreclosure action that also prays for a deficiency judgment on the underlying debt may, but does not necessarily, bar a subsequent a…
• Singleton v. Greymar Assocs., 882 So. 2d 1004 (Fla. 2004)
  …e, which stated: “ ‘[A] final adjudication in - a foreclosure action [*1006] that also prays for a deficiency judgment on the underlying debt may, but does not necessarily, bar a subsequent action on the debt.’ ” Id. (quoting Capital Bank v. Needle, 596 So. 2d 1134, 1138 (Fla. 4th DCA 1992)). Singleton petitioned this Court for jurisdiction, citing express and direct conflict between the Fourth District’s decision and the Second District’s decision in Stadler v. Cherry Hill Developers, Inc., 150 So. 2d 468 (Fl…
• Deutsche Bank Tr. Co. Americas v. Beauvais, 188 So. 3d 938 (Fla. 3d DCA 2016)
  …means that the mortgagee is not entitled to foreclose the ‘ mortgage .... Accordingly, we do not believe the dismissal of the foreclosure action in this case barred the subsequent action on the balance of the note.” (quoting Capital Bank v. Needle, 596 So. 2d 1134, 1138 (Fla. 4th DCA 1992))). A dismissal without prejudice- which does not adjudicate the merits-of a first filed foreclosure action, similarly can do no more than terminate a lender’s ability to collect on the underlying defaulted installment, aga…

Authorities Cited

• Abe Saada and Regina S. Saada v. Dawson, 573 So. 2d 1008 (Fla. 4th DCA 1991)