ELAINE FROHMAN, PERSONAL, REPRESENTATIVE OF THE ANCILLARY ESTATE OF ANNA FROHMAN, DECEASED, AND SID BIRKEN AND DOROTHY BIRKEN, HIS WIFE, APPELLANTS,
v.
STELLA BAR-OR, AND JACOB BAR-OR, APPELLEES
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The court held that a petition for a deficiency decree is subject to dismissal if filed more than one year after the final judgment of foreclosure without record activity.
Appellants petitioned for a deficiency decree more than one year after the final judgment of foreclosure was entered. The trial court dismissed the pe…
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PER CURIAM.
The trial court dismissed appellants’ petition for a deficiency decree solely because the petition was filed more than one year after the final judgment of foreclosure was entered. We affirm.
In Financial Security Savings & Loan Ass’n v. España River Partnership, 537 So. 2d 683, 685 (Fla. 4th DCA 1989), we held that “passage of the period of one year without record activity after the final judgment of foreclosure rendered Financial Security’s application for deficiency decree subject to dismissal without prejudice.” See also Fla. R.Civ.P. 1.420(e).
In accordance with the above, we affirm the decision below but certify conflict with the holdings in Riesgo v. Weinstein, 523 So. 2d 752 (Fla. 2d DCA 1988), and Ravel v. Ravel, 326 So. 2d 223 (Fla. 2d DCA 1976). We also certify the following question as one of great public importance, as was earlier certified in Financial Security, so the parties may have the opportunity to have this issue clarified:
DOES FLORIDA RULE OF CIVIL PROCEDURE 1.420(e) APPLY TO A POST-TRIAL PROCEEDING SUCH AS A MOTION FOR A DEFICIENCY JUDGMENT IN A MORTGAGE FORECLOSURE SUIT?
ANSTEAD and HERSEY, JJ., and MAGER, GERALD, Senior Judge, concur.
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Lidsky Vaccaro & Montes, P.A. v. Morejon, 813 So. 2d 146 (Fla. 3d DCA 2002)…, 690 So. 2d 1372 (Fla. 2d DCA 1997); Easley, McCaleb & Stallings, Ltd. v. Gibbons, 667 So. 2d 988 (Fla. 4th DCA 1996); Gonzalez Eng’g., Inc. v. Miami Pump & Supply Co., Inc., 641 So. 2d 474 (Fla. 3d DCA 1994); Demaio v. Coco Wood Lakes Ass’n, Inc., 637 So. 2d 369 (Fla. 4th DCA 1994). We agree. From our reading of Fortune’s brief submitted to the circuit court panel, it is clear that Fortune’s position on the appeal below was that the appellees were either entitled to all of the fees and costs awarded by the…
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Frohman v. Bar-Or, 660 So. 2d 633 (Fla. 1995)…review the following question certified to be of great public importance: DOES FLORIDA RULE OF CIVIL PROCEDURE 1.420(e) APPLY TO A POST-TRIAL PROCEEDING SUCH AS A MOTION FOR A DEFICIENCY JUDGMENT IN A MORTGAGE FORECLOSURE SUIT? Frohman v. Bar-Or, 637 So. 2d 369 (Fla. 4th DCA 1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Irwin and Anna Frohman and Sid and Dorothy Birken (Frohman) loaned $55,000 to Jacob and Stella Bar-Or (Bar-Or). To secure the loan, Bar-Or gave a second mortgage on his prope…
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Reid v. In re Est. OF Edgar Sonder, 63 So. 3d 7 (Fla. 3d DCA 2011)…tablished that an order granting entitlement to fees is a non-final, non-appealable order until the amount of the fee is set. See Easley, McCaleb & Stallings, Ltd. v. Gibbons, 667 So. 2d 988, 988 (Fla. 4th DCA 1996); Demaio v. Coco Wood Lakes Ass’n, 637 So. 2d 369, 369 (Fla. 4th DCA 1994). At oral argument, the parties seemed to agree on the amount supposedly owing, and suggested it was standard practice for the probate court to “grant” the motion for fees without making any specific findings on reasonablenes…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Riesgo v. Ira Weinstein, 523 So. 2d 752 (Fla. 2d DCA 1988)
- Lopez v. Lopez, 326 So. 2d 223 (Fla. 2d DCA 1976)
- Ravel v. Ravel, 326 So. 2d 223 (Fla. 2d DCA 1976)
- Fin. Sec. Sav. & Loan Ass'n v. Espana River P'ship, 537 So. 2d 683 (Fla. 4th DCA 1989)