Dyck-O'Neal, Inc. v. Beckett

The issue we address in this case is whether a trial court’s reservation of jurisdiction in a final judgment of foreclosure to enter a deficiency judgment precludes a party from filing a separate action at law to recover a deficiency when the foreclosure court has neither granted nor denied the deficiency judgment. Our answer to this question is “no.”

The relevant facts are not in dispute. Appellee was a defendant in a foreclosure action in which the plaintiff included in its complaint a request that the teial court reserve jurisdiction to award a deficiency judgment, if appropriate. The court…