BOYNTON-WHITWORTH FARMS, LLC, A TENNESSEE LIMITED LIABILITY COMPANY, J. DUDLEY PARKER, JOHN F. MCREYNOLDS, DENNIS C. GRASS AND CHARLES F. MCREYNOLDS, APPELLANTS,
v.
CADENCE BANK, N.A. F/K/A SUPERIOR BANK, N.A., PGM PROPERTIES, LLC, A TENNESSEE LIMITED LIABILITY COMPANY, ANNAM CORP., A FLORIDA CORPORATION, LEE DUONG, INDIVIDUALLY, GEN-X CONSTRUCTION, INC., A FLORIDA CORPORATION, AND ALL OTHER UNKNOWN PARTIES CLAIMING BY, THROUGH OR UNDER NAMED APPELLEES, APPELLEES
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The Fourth District Court of Appeal reversed a default final deficiency judgment because the defendants were denied due process by not receiving notice of the hearing on the bank's motion for deficiency judgment.
A defendant must receive notice and an opportunity to be heard before a deficiency judgment can be entered, as the deficiency amount is unliquidated and requires a hearing.
[1] A deficiency judgment, being an unliquidated amount, requires that the defendant receive notice of the hearing and an opportunity to be heard before judgment may be enter…
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Join FLexlaw to unlock all legal intelligence“when the jurisdiction of the court is invoked to grant a deficiency judgment, the defendant must be given notice and an opportunity to be heard”
Court citing NCNB Nat'l Bank of Florida v. Pyramid Corp. for the requirement of notice and hearing in deficiency judgment proceedings.
Boynton-Whitworth Farms, LLC and individual defendants were sued by Cadence Bank, N.A. for a deficiency judgment following a foreclosure. The trial co…
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Appellants, Boynton-Whitworth Farms, LLC, Dennis C. Grass, Charles F. McRey-nolds, John F. McReynolds and J. Dudley Parker appeal a Default Final Deficiency Judgment in Favor of Cadence Bank, N.A. We reverse the default final deficiency judgment because appellants were denied due process by having judgment entered against them -without notice of the hearing on Cadence Bank’s Verified Motion for Default Deficiency Final Judgment. See NCNB Nat’l Bank of Florida v. Pyramid Corp., 497 So.2d 1353, 1355 (Fla. 4th DCA 1986) (when the jurisdiction of the court is invoked to grant a deficiency judgment, the defendant must be given notice and an opportunity to be heard); Merrill v. Nuzum, 471 So.2d 128, 129 (Fla. 3d DCA 1985) (a deficiency is an unliquidated amount that entitles the defaulting party to notice of trial). Accordingly, we reverse and remand for further proceedings without addressing the remaining issues raised by appellant. See Talbot v. Rosenbaum, 142 So.3d 965, 967-68 (Fla. 4th DCA 2014); Minkoff v. Caterpillar Fin. Servs. Corp., 103 So.3d 1049, 1051-52 (Fla. 4th DCA 2013); Cellular Warehouse, Inc. v. GH Cellular, LLC, 957 So.2d 662, 665-67 (Fla. 3d DCA 2007); B/G Amusements, Inc. v. Mystery Fun House, Inc., 381 So.2d 318, 320 (Fla. 5th DCA 1980).
Reversed and Remanded.
STEVENSON, TAYLOR and CIKLIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- B/G Amusements, Inc. v. Mystery FUN House, Inc., 381 So. 2d 318 (Fla. 5th DCA 1980)
- Cellular Warehouse, Inc. v. GH Cellular, LLC, 957 So. 2d 662 (Fla. 3d DCA 2007)
- Merrill v. Nuzum, 471 So. 2d 128 (Fla. 3d DCA 1985)
- NCNB Nat'l Bank OF Fla. v. Pyramid Corp., 497 So. 2d 1353 (Fla. 4th DCA 1986)
- Talbot v. Rosenbaum, 142 So. 3d 965 (Fla. 4th DCA 2014)
- Minkoff v. Caterpillar Fin. Servs. Corp., 103 So. 3d 1049 (Fla. 4th DCA 2013)
- Gibellina v. Iwanowski, 103 So. 3d 1049 (Fla. 2d DCA 2013)