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637 So. 2d 369

Frohman v. Bar-or

District Court of Appeal of Florida · decided 1994-06-01

Key passage — most relied on by later courts

“DOES FLORIDA RULE OF CIVIL PROCEDURE 1.420(e) APPLY POST-TRIAL TO A MORTGAGE FORECLOSURE SUIT?”

quoted by 1 later decision, including 660 So. 2d 633 - Frohman v. Bar-Or

Relies on 523 So. 2d 752 - Riesgo v. Weinstein · Lopez v. Lopez · 537 So. 2d 683 - Financial SEC. S & L Ass'n v. Espana River P'ship

Good law ✅— No negative treatment on recordhow we know

Decided 1994-06-01

How this case has been cited

Cited by 5 later decisions — most recently October 2014

5 state decisions

20199420002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1The trial court dismissed appellants’ petition for a deficiency decree solely because the petition was filed more than one year after the final judgment of foreclosure was entered. We affirm.

¶2In Financial Security Savings & Loan Ass’n v. España River Partnership, 537 So.2d 683, 685 (Fla. 4th DCA 1989), we held that “passage of the period of one year without record activity after the final judgment of foreclosure rendered Financial Security’s application for deficiency decree subject to dismissal without prejudice.” See also Fla. R.Civ.P. 1.420(e).

¶3In accordance with the above, we affirm the decision below but certify conflict with the holdings in Riesgo v. Weinstein, 523 So.2d 752 (Fla. 2d DCA 1988), and Ravel v. Ravel, 326 So.2d 223 (Fla. 2d DCA 1976). We also certify the following question as one of great public importance, as was earlier certified in Financial Security, so the parties may have the opportunity to have this issue clarified:

DOES FLORIDA RULE OF CIVIL PROCEDURE 1.420(e) APPLY TO A POST-TRIAL PROCEEDING SUCH AS A MOTION FOR A DEFICIENCY JUDGMENT IN A MORTGAGE FORECLOSURE SUIT?
ANSTEAD and HERSEY, JJ., and MAGER, GERALD, Senior Judge, concur.
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