Gdovin v. Dyck-O'Neal, Inc.
198 So. 3d 986
| Fla. Dist. Ct. App. | 2016Background
- Dyck-O'Neal, Inc. (assignee of the foreclosure judgment and note) filed an independent deficiency action against Lisa Gdovin after a prior foreclosure case on the same note.
- In the earlier foreclosure action, the foreclosure court entered a final judgment that reserved jurisdiction to grant deficiency relief but did not actually grant or deny a deficiency judgment.
- Gdovin moved for relief from judgment in the independent deficiency action, arguing the circuit court lacked subject-matter jurisdiction because only the foreclosure court could enter a deficiency judgment.
- The circuit court denied Gdovin’s motion; she appealed the denial.
- The Second District affirmed, reasoning that section 702.06 (2013) permits an independent deficiency action when the foreclosure court has neither granted nor denied the deficiency claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a circuit court has subject-matter jurisdiction to hear an independent deficiency action when the foreclosure court reserved jurisdiction but did not rule on a deficiency claim | Gdovin: only the foreclosure court may adjudicate the deficiency; circuit court lacks jurisdiction | Dyck-O'Neal: section 702.06 allows filing an independent deficiency action where foreclosure court did not grant or deny the deficiency claim | The court held jurisdiction exists: an independent deficiency action is authorized when the foreclosure court neither granted nor denied the deficiency claim |
Key Cases Cited
- Garcia v. Dyck-O'Neal, Inc., 178 So. 3d 433 (Fla. 3d DCA 2015) (interpreting section 702.06 to permit independent deficiency actions when foreclosure court did not rule on deficiency)
- Dyck-O'Neal, Inc. v. Weinberg, 190 So. 3d 137 (Fla. 3d DCA 2016) (affirming similar result regarding independent deficiency actions)
- First Federal Savings & Loan Ass'n of Broward County v. Consolidated Development Corp., 195 So. 2d 856 (Fla. 1967) (older precedent cited by contrary First District decision)
- Belle Mead Development Corp. v. Reed, 153 So. 843 (Fla. 1934) (older precedent cited by contrary First District decision)