DYCK-O'NEAL, INC., APPELLANT,
v.
DANELL A. HUTHSING, APPELLEE
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Florida appellate court reversed dismissal for lack of personal jurisdiction, holding that a non-resident defendant had sufficient minimum contacts with Florida through a foreclosure action and foreseeable deficiency judgment to satisfy long-arm statute requirements.
A non-resident defendant has sufficient minimum contacts with Florida to establish personal jurisdiction when the defendant's property was foreclosed in Florida and a deficiency judgment is a foreseeable consequence.
[1] A non-resident defendant's property subject to foreclosure in Florida and the foreseeable deficiency judgment provide sufficient minimum contacts to establish personal ju…
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Join FLexlaw to unlock all legal intelligence“being haled into court”
The court quoted World-Wide Volkswagen to establish that the defendant reasonably could have anticipated being haled into court in Florida based on the foreclosure and deficiency judgment.
Dyck-O'Neal, Inc. sought a deficiency judgment against Danell Huthsing, a non-resident, following a foreclosure action. The trial court dismissed for …
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On appeal is a final order dismissing appellant’s amended complaint for a deficiency judgment. The trial court concluded it lacked personal jurisdiction over ap-pellee, a non-resident. Our review of the trial court’s order is de novo. Wendt v. Horowitz, 822 So.2d 1252, 1256 (Fla.2002).
Applying the principles discussed by the Florida Supreme Court in Venetian Salami Co. v. Parthenais, 554 So.2d 499 (Fla.1989), the well-pleaded allegations of the amended complaint (which went undisputed by appellee’s affidavit attached to her motion to dismiss) were sufficient to bring the action within the ambit of Florida’s long-arm statute — section 48.193, Florida Statutes. Federal due process concerns were satisfied by appellee’s prior conduct, the final judgment of foreclosure, and the foreseeable future consequence of a deficiency judgment; appellee reasonably could have anticipated “ ‘being haled into court’ ” in this state. Id. at 500 (quoting World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 100 S.Ct. 559, 62 L.Ed.2d 490 (1980)). We hold requisite minimum contacts existed for the trial court to acquire personal jurisdiction over appellee. We reverse the final order dismissing appellant’s amended complaint and remand for further proceedings consistent with this opinion.
REVERSED and REMANDED.
SWANSON, MAKAR, and BILBREY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Higgins v. Dyck-O'Neal, Inc., 201 So. 3d 157 (Fla. 1st DCA 2016)…dent deficiency action. Gdovin v. Dyck-O’Neal, Inc., 198 So. 3d 986 (Fla. 2d DCA 2016). Indeed, even our court has allowed an independently filed complaint for a deficiency judgment under section 702.06 to proceed. See Dyck-O’Neal, Inc. v. Huthsing, 181 So. 3d 555 (Fla. 1st DCA 2015). Because all other districts are aligned against us, certifying conflict is appropriate; alternatively, we should grant the company’s motion to review this case en banc and alleviate the need for supreme court review altogether.…
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Aluia v. Dyck-O'Neal, Inc., 205 So. 3d 768 (Fla. 2d DCA 2016)…e — section 48.193, Florida Statutes. Federal due process concerns were satisfied by [Mr. Aluia’s] prior conduct, the final judgment of foreclosure, and the foreseeable future consequence of a deficiency judgment.” See Dyck-O’Neal, Inc. v. Huthsing, 181 So. 3d 555, 555 (Fla. 1st DCA 2015); see also § 48.193(1)(a)(3), Fla. Stat. (2014) (“A person ... submits himself ... to the jurisdiction of the courts of this state for any cause of action arising from ... [o]wning, using, possessing, or holding a mortgage or…
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Dyck-O'Neal, Inc. v. Rojas, 197 So. 3d 1200 (Fla. 5th DCA 2016)…read to extend personal long-arm jurisdiction to those holding a mortgage or lien on real property in Florida, not eliminating the long-standing jurisdictional basis for those owning real property within Florida). In Dyckr-O’Neal, Inc. v. Huthsing, 181 So. 3d 555 (Fla. 1st DCA 2015), our sister court essentially addressed the same scenario presently before us. There, as in the present case, the trial court dismissed the appellant’s amended complaint for deficiency judgment, concluding that it lacked personal…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (U.S. 1980)
- Venetian Salami Co. v. J.S. Parthenais, 554 So. 2d 499 (Fla. 1989)
- Wendt v. Horowitz, 822 So. 2d 1252 (Fla. 2002)