FRANTZ OLIVIER, ET AL.
v.
PATCH OF LAND, LLC #201500001
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The trial court's decision regarding the deficiency decree was affirmed, as the entry of a deficiency decree is within the sound discretion of the court under Florida law.
[1] Under Florida Statute § 702.06, the entry of a deficiency decree in a foreclosure action is within the sound discretion of the trial court.
[2] The law of the case doctrine prevents reconsideration of previously adjudicated legal points on appeal unless material changes in evidence or exceptional circumstances ex…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[T]he entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound discretion of the court . . . .”
Florida Statute § 702.06 (2024), cited for the proposition that deficiency decrees are discretionary
Frantz Olivier and his law firm appealed a circuit court decision in Miami-Dade County concerning a deficiency decree in a foreclosure matter involvin…
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Third District Court of Appeal State of Florida
Opinion filed October 29, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1960 Lower Tribunal No. 19-37283-CA-01 ________________
Frantz Olivier and Frantz Olivier & Associates, P.A., Appellants,
vs.
Patch of Land, LLC #201500001, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge.
The Law Office of Kelly D. Feig, P.A., and Kelly D. Feig (Hallandale Beach), for appellants.
Law Offices of Damian G. Waldman, P.A., and Damian G. Waldman, and Farha Ahmed (Largo), for appellee.
Before EMAS, FERNANDEZ and GOODEN, JJ.
PER CURIAM.
2
Affirmed. See § 702.06, Fla. Stat. (2024) (“[T]he entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound discretion of the court . . . .”); McGregor v. Provident Tr. Co. of Philadelphia, 162 So. 323, 327 (Fla. 1935) (“By ‘law of the case’ is meant the principle that the questions of law decided on appeal to a court of ultimate resort must govern the case in the same court and the trial court, through all subsequent stages of the proceedings . . . .”); Henry v. State, 649 So. 2d 1361, 1364 (Fla. 1994) (“Therefore, the ‘law of the case’ doctrine applies. Under this doctrine, all points of law which have been previously adjudicated by a majority of this Court may be reconsidered only where a subsequent hearing or trial develops material changes in the evidence, or where exceptional circumstances exist whereby reliance upon the previous decision would result in manifest injustice.”).