From Casetext: Smarter Legal Research

Cheng v. Dyck-O'Neal, Inc.

District Court of Appeal of Florida, Fourth District.
May 4, 2016
199 So. 3d 932 (Fla. Dist. Ct. App. 2016)

Opinion

No. 4D16–57.

05-04-2016

John CHENG, Appellant, v. DYCK–O'NEAL, INC., Appellee.

Austin Tyler Brown of Parker & DuFresne, P.A., Jacksonville, for appellant. Susan B. Morrison of the Law Offices of Susan B. Morrison, P.A., Tampa, for appellee.


Austin Tyler Brown of Parker & DuFresne, P.A., Jacksonville, for appellant.

Susan B. Morrison of the Law Offices of Susan B. Morrison, P.A., Tampa, for appellee.

PER CURIAM.

We affirm the trial court's order denying appellant's Florida Rule of Civil Procedure 1.540 motion for relief from judgment. Appellant argues that the trial court lacked jurisdiction to consider appellee's post-foreclosure action seeking a deficiency because the final foreclosure judgment in a prior case reserved jurisdiction to consider entering a deficiency judgment.

We agree with Garcia v. Dyck–O'Neal, Inc., 178 So.3d 433 (Fla. 3d DCA 2015), and Dyck–O'Neal, Inc. v. Weinberg, 190 So.3d 137 (Fla. 3d DCA 2016), that section 702.06, Florida Statutes, is unambiguous: “The complainant shall also have the right to sue at common law to recover such deficiency, unless the court in the foreclosure action has granted or denied a claim for a deficiency judgment.” The foreclosure judgment's reservation of jurisdiction does not preclude a separate suit to recover the deficiency where the foreclosure court has not granted or denied a claim for a deficiency judgment.

Appellant presented no evidence that the foreclosure court had granted or denied any claim for a deficiency judgment. The motion to vacate was properly denied.

Affirmed.

TAYLOR, DAMOORGIAN and LEVINE, JJ., concur.


Summaries of

Cheng v. Dyck-O'Neal, Inc.

District Court of Appeal of Florida, Fourth District.
May 4, 2016
199 So. 3d 932 (Fla. Dist. Ct. App. 2016)
Case details for

Cheng v. Dyck-O'Neal, Inc.

Case Details

Full title:John CHENG, Appellant, v. DYCK–O'NEAL, INC., Appellee.

Court:District Court of Appeal of Florida, Fourth District.

Date published: May 4, 2016

Citations

199 So. 3d 932 (Fla. Dist. Ct. App. 2016)

Citing Cases

Dyck-O'Neal, Inc. v. Larman

For the reasons set forth in Dyck-O'Neal, Inc. v. McKenna, 198 So. 3d 1038 (Fla. 4th DCA 2016), we similarly…