DYCK NEAL INC v. HEATHER LANHAM (2017)

District Court of Appeal of Florida, First District.

DYCK-O'NEAL, INC., Appellant, v. HEATHER LANHAM, Appellee.

CASE NO. 1D16-1624

Decided: April 24, 2017

Susan B. Morrison of the Law Offices of Susan B. Morrison, Tampa, for Appellant. Rick A. Savage of Savage Law Office, Tallahassee, for Appellee.

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).

PER CURIAM.

WOLF, RAY, and MAKAR, JJ., CONCUR.

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