Noe Moran, as Pers. Rep. of the Est. of Eliseo Moran v. Melanie Wolman & Hilton Wolman, 165 So. 3d 691 (Fla. 4th DCA 2015). · Go Syfert
Search
Noe Moran, as Pers. Rep. of the Est. of Eliseo Moran v. Melanie Wolman & Hilton Wolman, 165 So. 3d 691 (Fla. 4th DCA 2015). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 2 distinct courts.
Strongest positive: JULIO LAGO v. MERCANTIL COMMERCEBANK, N.A., etc. (fladistctapp, 2021-06-16)
Top citers, strongest first. 4 distinct citers.
discussed Cited as authority (rule) JULIO LAGO v. MERCANTIL COMMERCEBANK, N.A., etc.
Fla. Dist. Ct. App. · 2021 · confidence medium
Further, “[f]oreclosure (a.k.a. equity) courts are explicitly granted the authority to enter the legal remedy of a deficiency judgment by virtue of [Florida Statutes] section 702.06 which provides, in pertinent part, that [i]n all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency should one exist, shall be within the sound judicial discretion of the court.” Kinney v. Countrywide Home Loans Servicing, L.P., 165 So. 3d 691, 693-94 (Fla. 4th DCA 2015) (quoting Florida Statutes §702.06).
discussed Cited as authority (rule) Franchas Holdings, L.L.C. v. Dameron
Ohio Ct. App. · 2016 · confidence medium
However, it is well-established that a creditor can recover only up to the amount owed by the debtor "whether that is accomplished through a sale of the mortgaged property, a judgment, or some combination of the two." Kinney v. Countrywide Home Loans Servicing, L.P., 165 So.3d 691, 693 (Fla. 4th DCA 2015).
discussed Cited as authority (rule) TD Bank, N.A. v. Graubard
Fla. Dist. Ct. App. · 2015 · confidence medium
Tylinski v. Klein Auto., Inc., 90 So.3d 870, 873 (Fla. 3d DCA 2012) (citing Etheredge v. Walt Disney World Co., 999 So.2d 669, 671 (Fla. 5th DCA 2008); Craigside, LLC v. GDC View, LLC, 74 So.3d 1087 (Fla. 1st DCA 2011)). “[A] lender’s legal claim for a deficiency ‘has consistently been tried as a continuation of the foreclosure suit under [the Florida Constitution].’ ” Kinney v. Countrywide Home Loans Servicing, L.P., 165 So.3d 691, 694 (Fla. 4th DCA 2015) (quoting Bradberry v. Atl.
cited Cited "see" Collins Asset Group, LLC v. Property Asset Management, etc.
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
See Kinney v. Countrywide Home Loans Servicing, L.P., 165 So.3d 691, 694 (Fla. 4th DCA 2015); TD Bank, N.A, v. Graubard, 172 So.3d 550, 552 (Fla. 5th DCA 2015).
Noe MORAN, as Personal Representative of the Estate of Eliseo Moran, Appellant,
v.
Melanie WOLMAN and Hilton Wolman, Appellees
4D13-1700.
District Court of Appeal of Florida, Fourth District.
Apr 22, 2015.
165 So. 3d 691
Lincoln J. Connolly of Trials & Appeals, P.A., Miami, and Manuel A. Reboso of Rossman, Baumberger, Reboso & Spier, P.A., Miami, for appellant., Warren B. Kwavnick and Paul Shafran-ski of Cooney Trybus Kwavnick Peets, PLC, Fort Lauderdale, for appellees.
Warner, Gross, Forst.
Published
PER CURIAM.

Affirmed. See City of Miami v. Perez, 509 So.2d 343, 350 (Fla. 3d DCA 1987) (stating that an “owner has no duty -to warn every employee of an independent contractor concerning a dangerous condition if supervisory personnel of the independent' contractor are aware of the danger”); Sterling Fin. & Mgmt., Inc. v. Gitenis, 117 So.3d 790, 794 (Fla. 4th DCA 2013) (stating general rule that “one who hires an independent contractor is not liable for injuries sustained by that contractor’s employees in performing their work”) (quoting Morales v. Weil, 44 So.3d 173, 176 (Fla. 4th DCA 2010)); Indian River Foods, Inc. v. Braswell, 660 So.2d 1093, 1096 (Fla. 4th DCA 1995); Strickland v. Timco Aviation Servs., Inc., 66 So.3d 1002, 1007 (Fla. 1st DCA 2011); Lemen v. Fla. Power & Light Co., 452 So.2d 1107, 1108 (Fla. 5th DCA 1984).

WARNER, GROSS and FORST, JJ„ concur.