DYCK NEAL INC v. GERMANY (2018)

District Court of Appeal of Florida, Fifth District.

DYCK–O'NEAL, INC., Appellant, v. Robert GERMANY and Linda K. Plant–Germany, Appellees.

Case No. 5D17–1059

Decided: February 23, 2018

David M. Snyder, of David M Snyder, PA, Tampa, Susan B. Morrison, of Law Offices of Susan B. Morrison, P.A., Tampa, and Joshua D. Moore, of Law Offices of Daniel C. Consuegra, Tampa, for Appellant. Douglas N. Burnett, and M. Aaron Dukes, St. Johns Law Group, St. Augustine, for Appellee Linda K. Carroll. No appearance for other Appellee.

Dyck–O'Neal, Inc. (“DONI”) appeals the summary judgment granted in favor of Appellee, Linda Carroll f/k/a Linda K. Plant–Germany. DONI correctly argues that the trial court erred in finding DONI's action time-barred. See Chrestensen v. Eurogest, Inc., 906 So.2d 343, 344 (Fla. 4th DCA 2005) (holding that the statute of limitations to seek a deficiency judgment does not begin to run until after the entry of foreclosure judgment and subsequent foreclosure sale). We also decline Appellee's suggestion that we affirm the final summary judgment based on a ground that she did not raise below. See Trainor v. PNC Bank, Nat'l Ass'n, 211 So.3d 366, 368 (Fla. 5th DCA 2017).¹

Therefore, we reverse the summary judgment entered in favor of Appellee and remand for further proceedings consistent with this opinion. We also deny Appellee's motion for attorney's fees.

REVERSED AND REMANDED.

FOOTNOTES

1. Kinney v. Countrywide Home Loans Servicing, L.P., 165 So.3d 691 (Fla. 4th DCA 2015), is inapplicable to this case; thus, Appellee should not have offered it as a legal basis for summary judgment, and the trial court erred in relying upon it.

EDWARDS, J.

PALMER and LAMBERT, JJ., concur.

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