Summary
The Florida Supreme Court held that section 702.06, Florida Statutes (2014), permits a lender or assignee to bring an independent action at law for a deficiency judgment when a foreclosure court reserved jurisdiction over the deficiency claim but did not adjudicate it. The Court quashed the First District's decision, disapproved Higgins v. Dyck-O’Neal, Inc., and approved contrary decisions from the Second, Third, Fourth, and Fifth District Courts of Appeal.
Holdings
- Section 702.06, Florida Statutes (2014), permits a lender or its assignee to bring an independent action at law for a deficiency judgment when the foreclosure court expressly reserved jurisdiction over the deficiency claim but did not actually grant or deny the claim.
Questions Presented
- Whether section 702.06, Florida Statutes (2014), permits a lender or its assignee to bring a separate action at law for a deficiency judgment when the foreclosure court reserved jurisdiction over the deficiency claim but did not grant or deny the claim.
Disposition
quashed
Cases Cited (9)
- Dyck-O'Neal, Inc. v. Lanham, 214 So. 3d 802 (Fla. 1st DCA 2017)(reversed)
- Garcia v. Dyck-O'Neal, Inc., 178 So. 3d 433 (Fla. 3d DCA 2015)(approved)
- Dyck-O'Neal, Inc. v. Hendrick, 200 So. 3d 181 (Fla. 5th DCA 2016)(approved)
- Gdovin v. Dyck-O'Neal, Inc., 198 So. 3d 986 (Fla. 2d DCA 2016)(approved)
- Dyck-O'Neal, Inc. v. McKenna, 198 So. 3d 1038 (Fla. 4th DCA 2016)(approved)
- Borden v. East-European Ins. Co., 921 So. 2d 587, 591 (Fla. 2006)(followed)
- Holly v. Auld, 450 So. 2d 217, 219 (Fla. 1984)(followed)
- A.R. Douglass, Inc. v. McRainey, 137 So. 157, 159 (Fla. 1931)(followed)
- Higgins v. Dyck-O'Neal, Inc., 201 So. 3d 157 (Fla. 1st DCA 2016)(disapproved)
Cited In (0)
No citing cases on record yet.
Court Document
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