DYCK-O'NEAL, INC., APPELLANT,
v.
HEATHER LANHAM, APPELLEE

Fla. 1st DCA | 2017-04-24
No. CASE NO. 1D16-1624
WOLF, RAY, and MAKAR, JJ., CONCUR.
214 So. 3d 802 Florida District Court of Appeal, First District (2017) Negative Treatment
Cited by 43 cases
Topics
Deficiency Decree Reservation Of Jurisdiction Deficiency Judgment Subject Matter Jurisdiction

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Because the circuit court lacked subject matter jurisdiction to consider Appellant’s independent action at law for a deficiency decree in this post-foreclosure proceeding, the order on appeal is void, and hereby quashed. See Higgins v. Dyck-O’Neal, Inc., 201 So.3d 157, 166-67 (Fla. 1st DCA 2016) (holding that a party is not entitled to pursue a separate action for deficiency judgment where the foreclosure complaint includes a prayer for a deficiency judgment and the foreclosure court reserves jurisdiction to enter a deficiency judgment). In so ruling, we certify conflict with Garcia v. Dyck-O’Neal, Inc., 178 So.3d 433 (Fla. 3d DCA 2015); Dyck-O’Neal, Inc. v. Hendrick, 200 So.3d 181 (Fla. 5th DCA 2016); Gdovin v. Dyck-O’Neal, Inc., 198 So.3d 986 (Fla. 2d DCA 2016); Dyck-O’Neal, Inc. v. McKenna, 198 So.3d 1038 (Fla. 4th DCA 2016).

WOLF, RAY, and MAKAR, JJ., CONCUR.

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Cited By (20 total)

  • Dyck-O'Neal, Inc. v. Lanham, 257 So. 3d 1 (Fla. 2018)
    …LAWSON, J. This case is before the Court for review of the decision of the First District Court of Appeal in Dyck-O'Neal, Inc. v. Lanham , 214 So. 3d 802 (Fla. 1st DCA 2017). The district court certified that its decision is in direct conflict with decisions of every other district court of appeal- Garcia v. Dyck-O'Neal, Inc. , 178 So. 3d 433 (Fla. 3d DCA 2015), Dyck-O'Neal, Inc. v. Hendrick , 200 So…
  • Dyck-O'Neal, Inc. v. Hoang N. Nguyen, 246 So. 3d 1284 (Fla. 1st DCA 2018)
    …PER CURIAM. AFFIRMED. See Dyck-O’Neal, Inc., v. Lanham, 214 So. 3d 802 (Fla. 1st DCA 2017) (certifying conflict between this Court’s decision Higgins v. Dyck-O’Neal, Inc., 201 So. 3d 157 (Fla. 1st DCA 2016), and decisions by the other four district courts of appeal), review granted, SC17-975, 2017 WL 4052015 (Fla. Sept…
  • Dyck-O'Neal, Inc. v. Brennan Patricia Mease, 227 So. 3d 770 (Fla. 1st DCA 2017)
    …ed to pursue a separate action for deficiency judgment where the foreclosure complaint includes a prayer for a deficiency judgment and the foreclosure court reserves jurisdiction to enter a deficiency judgment); see also Dyck-O’Neal, Inc. v. Lanham, 214 So. 3d 802 (Fla. 1st DCA 2017) (certifying conflict between this Court’s decision in Higgins and decisions by the other four district courts of appeal). ROBERTS, BILBREY, and KELSEY, JJ„ CONCUR.…

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