DYCK-O'NEAL, INC.
v.
HEATHER LANHAM
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A party is not entitled to pursue a separate independent action for a deficiency judgment where the foreclosure complaint includes a prayer for a deficiency judgment and the foreclosure court reserves jurisdiction to enter a deficiency judgment.
[1] A circuit court lacks subject matter jurisdiction to entertain a separate independent action for a deficiency judgment when the original foreclosure complaint included a…
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Join FLexlaw to unlock all legal intelligence“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”
Court citing Higgins v. Dyck-O'Neal, Inc., 201 So. 3d 157, 166-67 (Fla. 1st DCA 2016)
Dyck-O'Neal, Inc. filed a post-foreclosure action against Heather Lanham seeking a deficiency decree. The original foreclosure complaint had included …
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DYCK-O'NEAL, INC., Appellant, v. HEATHER LANHAM, Appellee.
IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
CASE NO. 1D16-1624
_____________________________/
Opinion filed April 24, 2017.
An appeal from the Circuit Court for Gadsden County. Martin A. Fitzpatrick, Judge.
Susan B. Morrison of the Law Offices of Susan B. Morrison, Tampa, for Appellant.
Rick A. Savage of Savage Law Office, Tallahassee, for Appellee.
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
2
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited (14 total)
- Dyck-O'Neal, Inc. v. Lanham, 214 So. 3d 802 (Fla. 1st DCA 2017)
- Wagner v. State, 201 So. 3d 157 (Fla. 3d DCA 2016)
- Garcia v. Dyck-O'Neal, Inc., 178 So. 3d 433 (Fla. 3d DCA 2015)
- Brindise v. U.S. Bank Nat'l Ass'n, 183 So. 3d 1215 (Fla. 2d DCA 2016)
- Dyck-O'Neal, Inc. v. McKENNA, 198 So. 3d 1038 (Fla. 4th DCA 2016)
- Dyck-O'Neal, Inc. v. Lanham, 257 So. 3d 1 (Fla. 2018)
- Gdovin v. Dyck-O'Neal, Inc., 198 So. 3d 986 (Fla. 2d DCA 2016)
- Dyck-O'Neal, Inc. v. Hendrick, 200 So. 3d 181 (Fla. 5th DCA 2016)
- Colby A. Smith v. State, 201 So. 3d 811 (Fla. 1st DCA 2016)
- Bank OF Am., N.A. v. Siefker, 201 So. 3d 811 (Fla. 4th DCA 2016)