DYCK-O'NEAL
v.
GERMANY
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The statute of limitations to seek a deficiency judgment does not begin to run until after entry of foreclosure judgment and subsequent foreclosure sale, so the trial court erred in granting summary judgment on timeliness grounds.
[1] The statute of limitations period for seeking a deficiency judgment commences upon entry of the foreclosure judgment and subsequent foreclosure sale, not from any earlier…
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Join FLexlaw to unlock all legal intelligence“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”
Court's statement of controlling law from Chrestensen v. Eurogest, Inc.
Dyck-O'Neal, Inc. sought a deficiency judgment against Linda Carroll (formerly Linda K. Plant-Germany) and Robert Germany. The trial court granted sum…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED DYCK-O'NEAL, INC., Appellant,
v. Case No. 5D17-1059 ROBERT GERMANY AND LINDA K. PLANT-GERMANY, Appellees. ________________________________/ Opinion filed February 23, 2018 Appeal from the Circuit Court for Putnam County, Scott C. Dupont, Judge.
David M. Snyder, of David M Snyder, PA, Tampa, Susan B. Morrison, of Law Offices of Susan B. Morrison, P.A., Tampa, and Joshua D. Moore, of Law Offices of Daniel C. Consuegra, Tampa, for Appellant.
Douglas N. Burnett, and M. Aaron Dukes, St. Johns Law Group, St. Augustine, for Appellee Linda K. Carroll.
No appearance for other Appellee.
EDWARDS, J.
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
Therefore, 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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)