Royal Palm Corporate Center Ass'n v. PNC Bank, NA, 2012 Fla. App. LEXIS 4471

Consolidated appeals involve PNC Bank loans to corporate entities tied to Anthony V. Pugliese III.
PNC sued for mortgage foreclosure and damages in two counts; trial court found in PNC's favor on both counts.
Final judgments withheld setting a foreclosure sale, to occur only after PNC certifies the money judgment unsatisfied.
Defendants challenged the two-step structure and argued it contravened Section 45.031 Florida Statutes.
Court analyzed Section 45.031 discretion, equity principles, and the permissive nature of the statute, upholding the structure.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 45.031 required immediate foreclosure sale.	PNC argues court properly deferred sale, exercising discretion under 45.031.	Defendants contend the statute mandates a set sale date and structure.	Court held discretion exists; no abuse in withholding sale until certification.
Whether mortgagee may pursue note and mortgage remedies concurrently.	Plaintiff may pursue legal and equitable remedies together until debt is satisfied.	Defendants contend remedies must be pursued separately or in a limited sequence.	Florida permits concurrent pursuit; no bar to pursuing both actions in one action or sequence described.

The Florida Bar v. Trazenfeld, 833 So.2d 734 (Fla. 2002) (statutory discretion and purpose of 'may' language)
First Nationwide Savings v. Thomas, 513 So.2d 804 (Fla. 4th DCA 1987) (illustrates sale timing and discretionary delays in foreclosure)
Bankers Trust Co. v. Edwards, 849 So.2d 1160 (Fla. 1st DCA 2003) (line of cases on sale timing and equity considerations)
Kepler v. Slade, 896 P.2d 482 (N.M. 1995) (majority rule permitting concurrent remedies; one-action context)
Klondike, Inc. v. Blair, 211 So.2d 41 (Fla. 4th DCA 1968) (remedies not inconsistent; election of remedies not automatic bar)
Junction Bit & Tool Co. v. Village Apartments, Inc., 262 So.2d 659 (Fla. 1972) (merger of law and equity and concurrent remedies)
LPP Mortg. Ltd. v. Cacciamani, 924 So.2d 930 (Fla. 3d DCA 2006) (deficiency proceedings following foreclosure permitted when not adjudicated on merits)
De Las Cuevas v. Nat’l Enter. Inc., 927 So.2d 41 (Fla. 3d DCA 2006) (note-based remedies alongside foreclosure permitted under proper procedure)
Manley v. Union Bank of Florida, 1 Fla. 160 (Fla. 1846) (historical acknowledgment of mortgage remedies)
Farah v. Iberia Bank, 47 So.3d 850 (Fla. 3d DCA 2010) (distinguishes final judgments allowing immediate execution vs. foreclosure)