I. B. L. Corp. v. Pan American Bank, N.A.

District Court of Appeal of Florida

I. B. L. Corp. v. Pan American Bank, N.A.

402 So. 2d 82, 1981 Fla. App. LEXIS 20893

CourtDistrict Court of Appeal of Florida

DecidedAugust 18, 1981

DocketNo. 80-1634

StatusPublished

This text of 402 So. 2d 82 (I. B. L. Corp. v. Pan American Bank, N.A.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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I. B. L. Corp. v. Pan American Bank, N.A., 402 So. 2d 82, 1981 Fla. App. LEXIS 20893 (Fla. Ct. App. 1981).

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Opinion

SCHWARTZ, Judge.

Almost one year after the issuance of a clerk’s certificate of title pursuant to a sale ordered in a final judgment of foreclosure, see Section 45.031, Florida Statutes (1979), the second mortgagee, Pan American Bank, N.A., moved for the entry of a deficiency judgment against the mortgagors. The trial court entered the judgment and they appeal. We reverse.

The final judgment of foreclosure did not contain an adjudication of the appellee’s demand for a deficiency judgment and neither expressly nor impliedly, see Galloway v. Musgrave, 154 So.2d 846, 850-51 (Fla. 2d DCA 1963),¹ reserved jurisdiction to do so thereafter. Accordingly, that relief could be granted only upon an application filed within 10 days of the certificate of title. Katz v. Koolish, 142 So.2d 759 (Fla. 3d DCA 1962). Since the appellee’s motion was filed far beyond that time, the trial court had no jurisdiction to grant it and to enter the judgment under review. Jappe v. Heller, 65 So.2d 302 (Fla.1953); Cole v. Heidt, 124 Fla. 264, 168 So. 11 (1936); Atwell v. Atwell, 111 Fla. 352, 149 So. 555 (1933); Mabson v. Christ, 96 Fla. 756, 119 So. 131 (1928); Scheuermann v. Shamas, 97 So.2d 314 (Fla. 3d DCA 1957); see Katz v. Koolish, supra.

Reversed.

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SCHWARTZ, Judge.

Almost one year after the issuance of a clerk’s certificate of title pursuant to a sale ordered in a final judgment of foreclosure, see Section 45.031, Florida Statutes (1979), the second mortgagee, Pan American Bank, N.A., moved for the entry of a deficiency judgment against the mortgagors. The trial court entered the judgment and they appeal. We reverse.

The final judgment of foreclosure did not contain an adjudication of the appellee’s demand for a deficiency judgment and neither expressly nor impliedly, see Galloway v. Musgrave, 154 So.2d 846, 850-51 (Fla. 2d DCA 1963),¹ reserved jurisdiction to do so thereafter. Accordingly, that relief could be granted only upon an application filed within 10 days of the certificate of title. Katz v. Koolish, 142 So.2d 759 (Fla. 3d DCA 1962). Since the appellee’s motion was filed far beyond that time, the trial court had no jurisdiction to grant it and to enter the judgment under review. Jappe v. Heller, 65 So.2d 302 (Fla.1953); Cole v. Heidt, 124 Fla. 264, 168 So. 11 (1936); Atwell v. Atwell, 111 Fla. 352, 149 So. 555 (1933); Mabson v. Christ, 96 Fla. 756, 119 So. 131 (1928); Scheuermann v. Shamas, 97 So.2d 314 (Fla. 3d DCA 1957); see Katz v. Koolish, supra.

Reversed.

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402 So. 2d 82, 1981 Fla. App. LEXIS 20893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/i-b-l-corp-v-pan-american-bank-na-fladistctapp-1981.

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