Garcia v. Dyck-O'Neal, Inc., 178 So. 3d 433

Garcia appeals a final default judgment in favor of Dyck-O’Neal, Inc. for deficiency after a foreclosure of Garcia’s residential property in Miami-Dade County.
Foreclosure action against Garcia sought deficiency relief; the foreclosure judgment reserved jurisdiction to adjudicate a deficiency claim.
Dyck-O’Neal obtained the judgment and note and separately sued Garcia for the deficiency after an assignment.
Garcia did not respond to the deficiency action; a clerk’s default was entered against him.
The trial court denied Garcia’s jurisdiction challenge and entered a final default judgment in Dyck-O’Neal’s favor; Garcia appeals the judgment.
Statutorily, § 702.06 amended in 2013 governs deficiency claims and sets rules for owner-occupied residential properties.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 702.06 governs and vests jurisdiction for deficiency in a separate action	Garcia argues the foreclosure court’s reservation and the prior request foreclose separate suit	Dyck-O’Neal contends the statute allows separate action unless the foreclosure court granted/denied deficiency	§ 702.06 governs; separate action allowed when foreclosure court did not grant/deny deficiency judgment

First Federal Savings & Loan Ass’n of Broward Cnty. v. Consol. Dev. Corp., 184 So. 2d (Fla. 1965) (dicta; statute governs ultimately (amendment))
Compass Bank v. Consolidated Dev. Corp., 164 So. 3d 50 (Fla. 4th DCA 2015) (consolidation preserves jurisdiction; dicta note on 702.06)
First Federal Savings, 195 So. 2d 856 (Fla. 1967) (dicta on deficiency proceedings)
Reid v. Compass Bank, 164 So. 3d 49 (Fla. 1st DCA 2015) (deficiency jurisdiction in context of foreclosure)
Belle Mead Development Corp. v. Reed, 153 So. 843 (Fla. 1934) (early authority cited in deficiency context)
Provost v. Swinson, 146 So. 641 (Fla. 1933) (historical deficiency-deferral authorities)
McLarty v. Foremost Dairies, 57 So. 2d 434 (Fla. 1952) (alternative path for deficiency actions)