DYCK-O'NEAL, INC., APPELLANT,
v.
ROBERT GERMANY AND LINDA K. PLANT-GERMANY, APPELLEES.
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Dyck-O'Neal, Inc. ("DONI") appeals the summary judgment granted in favor of Appellee, Linda Carroll f/k/a Linda K. Plant-Germany. DONI correctly argues that the trial court erred in finding DONI's action time-barred. See Chrestensen v. Eurogest, Inc. , 906 So.2d 343, 344 (Fla. 4th DCA 2005) (holding that the statute of limitations to seek a deficiency judgment does not begin to run until after the entry of foreclosure judgment and subsequent foreclosure sale). We also decline Appellee's suggestion that we affirm the final summary judgment based on a ground that she did not raise below. See Trainor v. PNC Bank, Nat'l Ass'n , 211 So.3d 366, 368 (Fla. 5th DCA 2017).1
*1195Therefore, we reverse the summary judgment entered in favor of Appellee and remand for further proceedings consistent with this opinion. We also deny Appellee's motion for attorney's fees.
REVERSED AND REMANDED.
PALMER and LAMBERT, JJ., concur.
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Citator
Cited By
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Dyck-O'Neal, Inc. v. Teresa Norton & Samuel Norton, 267 So. 3d 478 (Fla. 2d DCA 2019)
Authorities Cited
- Joleen Chrestensen v. Eurogest, Inc., 906 So. 2d 343 (Fla. 4th DCA 2005)
- Trainor v. PNC Bank, 211 So. 3d 366 (Fla. 5th DCA 2017)
- Trenda Kinney v. Countrywide Home Loans Servicing, L.P., 165 So. 3d 691 (Fla. 4th DCA 2015)