Third District Court of Appeal
State of Florida
Opinion filed November 16, 2016.
Not final until disposition of timely filed motion for rehearing.
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Nos. 3D15-2105; 3D15-1984; 3D15-1967
Lower Tribunal Nos. 10-54870, 14-32672
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Pierre Philippe, et al.,
Appellants,
vs.
Michael Weiner, M.D., P.A. Profit Sharing Plan,
Appellee.
Appeals from the Circuit Court for Miami-Dade County, Daryl Trawick and
Thomas J. Rebull, Judges.
Raven Ramona Liberty, for appellants.
Paul M. Kade, for appellee.
Before WELLS, SHEPHERD and SALTER, JJ.
SALTER, J.
These three consolidated appeals involve post-final-judgment actions by the
appellants as judgment debtors. The appeals constitute a collateral attack on a final
deficiency judgment entered in 2012 and affirmed by this Court in July 2014.
Philippe v. Weiner, 143 So. 3d 1086 (Fla. 3d DCA 2014). Our prior opinion,
though requiring recomputation of the total amount due (based on the effective
date of liquidation of the deficiency, exclusion of certain real estate taxes and
insurance costs, and an adjustment to the prejudgment interest due), became law of
the case as to the issues now sought to be raised by the appellants. Fla. Dept. of
Transp. v. Juliano, 801 So. 2d 101, 105-06 (Fla. 2001).
The appellants did not directly appeal the post-remand, recomputed final
judgment itself, which was entered nunc pro tunc to the date of the original
deficiency judgment. Further, the appellants did not offer evidence that the
amended final judgment should reflect a credit for the market value of stock
obtained by the appellee through execution and a sheriff’s sale, and they did not
seek or obtain a stay to pursue a review of either the original or amended
judgment. No error having been shown, the orders below are affirmed in each of
the three consolidated cases.
Affirmed.
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