ROYAL OAKS LANE (BISCAYNE LANDING) - NORTH MIAMI LLC
v.
BRIAN STREET
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The Third District Court of Appeal affirmed the trial court's decision regarding a deficiency decree in a mortgage foreclosure action involving Royal Oaks Lane (Biscayne Landing) - North Miami LLC and Brian Street.
The trial court did not abuse its discretion in granting the deficiency decree. Generally, the granting of a deficiency judgment is the rule rather than the exception unless equitable considerations warrant denial, and such discretionary decisions should not be disturbed on appeal absent clear abuse.
[1] A trial court's discretionary decision to grant or deny a deficiency decree in a mortgage foreclosure action will not be disturbed on appeal absent a clear showing of abu…
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Join FLexlaw to unlock all legal intelligence“The granting of a deficiency decree in a mortgage foreclosure action is a matter for the sound judicial discretion of the trial court. Generally, the granting of a deficiency judgment is the rule rather than the exception, unless there are facts and circumstances creating equitable considerations upon which a court should deny the deficiency decree in the exercise of its discretion.”
Establishes the standard that deficiency judgments are presumptively granted unless equitable considerations require denial
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Join FLexlaw to unlock all legal intelligenceThis case involves a mortgage foreclosure action in which the trial court issued a deficiency decree. The specific factual circumstances underlying th…
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PER CURIAM.
Affirmed. See S/D Enterprises, Inc. v. Chase Manhattan Bank, 374 So. 2d 1121, 1122 (Fla. 3d DCA 1979) (“The granting of a deficiency decree in a mortgage foreclosure action is a matter for the sound judicial discretion of the trial court. Generally, the granting of a deficiency judgment is the rule rather than the exception, unless there are facts and circumstances creating equitable considerations upon which a court should deny the deficiency decree in the exercise of its discretion. Thus, an exercise of sound judicial discretion consonant with equity in the light of the facts should not be disturbed on appeal unless there is a showing of a clear abuse of sound judicial discretion.”) (internal citations omitted); Lasar Mfg. Co., Inc. v. Bachanov, 436 So. 2d 236, 237 (Fla. 3d DCA 1983) (“It is well settled that a trial court’s decision to permit or refuse amendment to pleadings will not be disturbed on appeal in the absence of an abuse of discretion.”).
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Citator
Authorities Cited
- Lasar Mfg. Co., Inc. v. Bachanov, 436 So. 2d 236 (Fla. 3d DCA 1983)
- S/D Enters., Inc. v. The Chase Manhattan Bank, 374 So. 2d 1121 (Fla. 3d DCA 1979)