Summary
certifying conflict between this Court's decision Higgins v. Dyck–O'Neal, Inc. , 201 So.3d 157 (Fla. 1st DCA 2016), and decisions by the other four district courts of appeal
Summary of this case from Dyck-O'Neal, Inc. v. BrutskiyOpinion
CASE NO. 1D16–1624
04-24-2017
DYCK–O'NEAL, INC., Appellant, v. Heather LANHAM, Appellee.
Susan B. Morrison of the Law Offices of Susan B. Morrison, Tampa, for Appellant. Rick A. Savage of Savage Law Office, Tallahassee, for Appellee.
Susan B. Morrison of the Law Offices of Susan B. Morrison, Tampa, for Appellant.
Rick A. Savage of Savage Law Office, Tallahassee, for Appellee.
PER CURIAM.
Because the circuit court lacked subject matter jurisdiction to consider Appellant's independent action at law for a deficiency decree in this post-foreclosure proceeding, the order on appeal is void, and hereby quashed. See Higgins v. Dyck–O'Neal, Inc. , 201 So.3d 157, 166–67 (Fla. 1st DCA 2016) (holding that a party is not entitled to pursue a separate action for deficiency judgment where the foreclosure complaint includes a prayer for a deficiency judgment and the foreclosure court reserves jurisdiction to enter a deficiency judgment). In so ruling, we certify conflict with Garcia v. Dyck–O'Neal, Inc. , 178 So.3d 433 (Fla. 3d DCA 2015) ; Dyck–O'Neal, Inc. v. Hendrick , 200 So.3d 181 (Fla. 5th DCA 2016) ; Gdovin v. Dyck–O'Neal, Inc. , 198 So.3d 986 (Fla. 2d DCA 2016) ; Dyck–O'Neal, Inc. v. McKenna , 198 So.3d 1038 (Fla. 4th DCA 2016).
WOLF, RAY, and MAKAR, JJ., CONCUR.