LUIS AVILA AND CRISTINE ROSENHAIM
v.
HMC ASSETS, LLC SOLEY IN ITS CAPACITY AS SEPARATE TRUSTEE FOR CAM XVIII TRUST AND RIVIERA BELLA MASTER ASSOCIATION, INC.

Fla. 5th DCA | 2019-05-31
No. 18-1929
Upchurch, J., Cohen, J., Evander, C.J., Edwards, J.
273 So. 3d 1134 Florida District Court of Appeal, Fifth District (2019)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

A court that obtains jurisdiction over a defendant through constructive service lacks the in personam jurisdiction necessary to enter a deficiency judgment, which is a personal money judgment.


Headnotes

[1] Constructive service in a foreclosure action confers only in rem or quasi in rem jurisdiction and does not confer the in personam jurisdiction necessary for a court to en…

Previewing 1 of 1 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

Key Quotes

“A personal money judgment necessitates in personam jurisdiction over the defendant, but constructive service confers only in rem or quasi in rem jurisdiction upon the court.”

Court's statement of the jurisdictional principle governing deficiency judgments

Facts & Procedural History

HMC Assets, LLC sought to foreclose on property owned by Luis Avila and Cristine Rosenhaim. HMC could not locate the Avilas for personal service and i…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
Cohen

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

LUIS AVILA AND CRISTINE ROSENHAIM,

Appellants,

v. Case No. 5D18-1929

HMC ASSETS, LLC SOLELY IN ITS

CAPACITY AS SEPARATE TRUSTEE

FOR CAM XVIII TRUST AND RIVIERA

BELLA MASTER ASSOCIATION, INC.,

Appellees.

________________________________/

Opinion filed May 31, 2019

Appeal from the Circuit Court for Volusia County, Sandra C. Upchurch, Judge.

Tanner Andrews, of Tanner Andrews, P.A., Deland, for Appellant.

Ashland R. Medley and Wendy S. Griffith, of Ashland Medley Law, PLLC, Coral Springs, for Appellee, HMC Assets, LLC Solely in its Capacity as Separate Trustee for CAM XVIII Trust. No appearance for Appellee, Riviera Bella Master Association, Inc.

COHEN, J.

Luis Avila and Cristine Rosenhaim (“the Avilas”) appeal the final summary judgment of foreclosure entered in favor of HMC Assets, LLC Solely in its Capacity as

2 Separate Trustee for Cam XVIII Trust and Riviera Bella Master Association, Inc. (“HMC”). We affirm without discussion. However, we write to comment upon the trial court’s reservation of jurisdiction to enter a deficiency judgment against the Avilas following the foreclosure sale. HMC attempted to effectuate personal service on the Avilas but could not locate them. Instead, it properly effectuated constructive service. The Avilas maintained their objection to personal jurisdiction throughout the proceedings. The trial court entered a final summary judgment of foreclosure in favor of HMC and reserved jurisdiction to enter further orders, including a deficiency judgment against the Avilas following the foreclosure sale. “A personal money judgment necessitates in personam jurisdiction over the defendant,” but “[c]onstructive service confers only in rem or quasi in rem jurisdiction upon the court.” Honegger v. Coaster Fertilizer & Supply, Inc., 712 So. 2d 1161, 1162 (Fla. 2d DCA 1998) (citations omitted). Accordingly, the court never acquired the necessary in personam jurisdiction to enter a deficiency judgment against the Avilas, and entry of such would be improper.1

AFFIRMED.

EVANDER, C.J., and EDWARDS, J., concur.

Footnotes
1 We note that HMC is not precluded from personally serving the Avilas and obtaining a deficiency judgment. A plaintiff is not required to obtain personal jurisdiction in an initial foreclosure action in order to bring a deficiency action in the future. NCNB Nat’l Bank of Fla. v. Pyramid Corp., 497 So. 2d 1353, 1355 (Fla. 2d DCA 1986).

Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw