Dyck-O'Neal, Inc. v. Brennan Patricia Mease ( 2017 )


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  •                                      IN THE DISTRICT COURT OF APPEAL
    FIRST DISTRICT, STATE OF FLORIDA
    DYCK-O’NEAL, INC.,                   NOT FINAL UNTIL TIME EXPIRES TO
    FILE MOTION FOR REHEARING AND
    Appellant,                     DISPOSITION THEREOF IF FILED
    v.                                   CASE NO. 1D17-0286
    BRENNAN PATRICIA MEASE,
    Appellee.
    _____________________________/
    Opinion filed October 16, 2017.
    An appeal from an order of the Circuit Court for Duval County.
    Robert M. Dees, Judge.
    David M. Snyder, David M. Snyder Professional Association, Tampa, Susan B.
    Morrison of the Law Offices of Susan B. Morrison, P.A., Tampa, and Scott
    Zimmer of the Law Offices of Daniel C. Consuegra, Riverview, for Appellant.
    Ryan G. Moore, First Coast Consumer Law, Jacksonville Beach, for Appellee.
    PER CURIAM.
    AFFIRMED. See Higgins v. Dyck-O’Neal, Inc., 
    201 So. 3d 157
     (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); see also Dyck-O’Neal, Inc. v. Lanham, 
    214 So. 3d 802
     (Fla.
    1st DCA 2017) (certifying conflict between this Court’s decision in Higgins and
    decisions by the other four district courts of appeal).
    ROBERTS, BILBREY, and KELSEY, JJ., CONCUR.
    2
    

Document Info

Docket Number: 17-0286

Filed Date: 10/30/2017

Precedential Status: Precedential

Modified Date: 10/31/2017