Frantz Olivier v. Patch of Land, LLC 201500001

• Court: District Court of Appeal of Florida
• Decided: October 29, 2025
• Docket: 3D2024-1960
• Status: Published

Opinion

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. 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.”).