         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                         No. 1D17-3396
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DYCK-O’NEAL, INC.,

    Appellant,

    v.

OERTI STERMILLI,

    Appellee.
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On appeal from the Circuit Court for Duval County.
Robert M. Dees, Judge.

                         August 3, 2018


PER CURIAM.

     In Higgins v. Dyck-O’Neal, Inc., this court held that “a party
is not entitled to pursue an action at law on a promissory note
where that party includes a prayer for a deficiency judgment in its
foreclosure complaint and the trial court reserves jurisdiction to
enter a deficiency judgment.” 201 So. 3d 157, 166 (Fla. 1st DCA
2016). Based on that case, which was binding at the time, the trial
court dismissed with prejudice appellant’s independent action for
a deficiency judgment.

     On appeal, appellant argued that Higgins was wrongly
decided. And while the appeal was pending, the Florida Supreme
Court agreed. It disapproved Higgins and held that “when a
foreclosure court reserves jurisdiction to adjudicate a deficiency
judgment claim but has not adjudicated the claim, section 702.06,
Florida Statutes (2014), permits the lender or its assignee to bring
its deficiency claim in a separate action at law.” Dyck-O’Neal v.
Lanham, SC17-975, 43 Fla. L. Weekly S278c (Fla. July 6, 2018).
Accordingly, we reverse and remand for further proceedings on
appellant’s deficiency claim.

    REVERSED and REMANDED.

MAKAR, WINOKUR, and WINSOR, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Susan B. Morrison of Law Offices of Susan B. Morrison, P.A.,
David M. Snyder of David M. Snyder, P.A., and Joshua D. Moore
of Law Offices of Daniel C. Consuegra, Tampa, for Appellant.

Michael S. Drews of Drews Law Firm, Jacksonville, for Appellee.




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