Dyck O’Neal Lawsuit Dismissed Without Prejudice – Can’t Refile

Dyck O’neal Lawsuit – they failed to read notices included in Motions and Notices, their case got dismissed!

Another good day! If you have read my blog recently, you’ll know that there is no greater day for me as attorney than to call a client and let them know that a Judge has dismissed their case. What is even rarer about these situations is when that dismissal of the lawsuit was obtained, the Plaintiff misses its deadlines to file a notice of rehearing or appeal, and as a result of their inaction, acknowledges it cannot refile because the statute of limitations has passed on its claim. This is exactly what happened, in a Dyck O’neal lawsuit, late last year and has now finally come to a conclusion for the time being. If you are currently facing a lawsuit by Dyck O’Neal and want to know if all defenses in your case are brought on your behalf, call my office today.

In this Dyck O’Neal Lawsuit, the defense that I used that was successful in obtaining dismissal has been around in Florida for over a century (but has now sadly been repealed by the legislature effective July 1, 2016), and requires only minimal efforts for a Plaintiff to overcome. A dismissal on cases using this defense is extremely rare and is partly due to both attorney inaction and a court system that is overloaded by the filing of deficiency lawsuits and wants to quickly resolve cases. But alleging the defense wasn’t the hard part. Having it be successful was. This is because Judges throughout the state have differing opinions on the proper remedy for this defense. However, the most difficult part was knowing what to file after obtaining the court order dismissing Dyck O’neal’s lawsuit without prejudice (meaning they could technically refile) was the more difficult aspect of keeping Dyck O’neal’s lawsuit dismissed.

How is a final order not final?

Thanks to a principal at law (really, it’s what gives innocent individuals a right to be found innocent in a court of law in criminal court and what gives home owners the right to challenge foreclosure lawsuits in Florida) called Due Process, this is not as counterintuitive as you may think. Generally, any individual in a lawsuit gets two things: (1) Notice and (2) a Hearing. This is equally true post-judgment where Dyck O’neal had an opportunity to ask for a rehearing. They did, but made a very big mistake. They didn’t file their request correctly and waiting until after their time to do so had expired. Put bluntly, the court had no authority on a legal level to grant their relief. Dyck O’neal withdrew their motion, and in doing so, furthered the issue that was created after their dismissal. Facing a motion for rehearing and you are concerned it’s not being defended properly – shoot me an e-mail!

Again, an extremely rare result – but an awesome day and one of the reasons I became an attorney – the idea that consumers throughout the state are now being sued for deficiencies years after the bank foreclosed on their property is troubling to me. 

 

The following two tabs change content below.

Bryant H. Dunivan Jr., Esq.

Attorney at Law Offices of Michael J. Owen, PLLC
Attorney Bryant Dunivan is a foreclosure, real estate, and consumer protection attorney who focuses his efforts on making his clients feel like people and not just a file. Just Served? I offer a free consultation. Contact me today.

Attorney Bryant Dunivan is a foreclosure, real estate, and consumer protection attorney who focuses his efforts on making his clients feel like people and not just a file. Just Served? I offer a free consultation. Contact me today.

Posted in A Good Day, Deficiency Judgment, Due Process, Dyck O'neal Inc
2 comments on “Dyck O’Neal Lawsuit Dismissed Without Prejudice – Can’t Refile
  1. Edwin Bell says:

    I have been involved civil litigation with Dyck O’Neal Inc. for 43 months. We are now headed to the Court of Special Appeals over an illegal judgment for a previously paid mortgage, lack of standing, and operating without a Maryland collection agency license. On December 23, 2014 we filed a motion with a complaint to intervene in a class action against Dyck O’Neal Inc. Dyck O’Neal Inc. has been engaged in nefarious actions filed against Maryland consumers. Dyck O’neal Inc. uses fraudulent documents in all of the cases I have reviewed in Maryland courts. My Google + site provides information about our court case with Dyck O’Neal Inc. Hopefully this will provide information about Dyck O’Neal Inc.’s activities nationwide.

  2. Edwin Bell says:

    I am involved in a class action against Dyck O’Neal Inc. currently in Maryland. Dyck O’Neal’s exclusive counsel in Maryland filed over five hundred cases without the proper licensing required and without standing. All of the notes they pursue are questionable in nature, have all been through a previous action and were purchased as JUNK DEBT through a forward flow agreement. No assignments were provided with the forward flow agreement, but you will find an assignment in each of their cases. These are the type of activities that have been occurring in Maryland until our case which revealed the facts about Dyck O’Neal’s illegal actions. I have a blog dedicated to Re-Blog and also tells our personal story of litigating as a consumer for over 44 months.

    https://plus.google.com/u/0/102847795492866796753/posts

1 Pings/Trackbacks for "Dyck O’Neal Lawsuit Dismissed Without Prejudice – Can’t Refile"
  1. […] If Mortgage Guaranty Insurance Company paid out a claim, the bank could assign its right to seek a deficiency in a foreclosure action or Mortgage Guaranty Insurance Company became automatically able to attempt to collect on […]

Leave a Reply

Your email address will not be published. Required fields are marked *

*

As Featured In:















The use of this website, including the submission of any forms is done so in express acceptance of its Terms of Use. If you do not agree with these terms, you are asked to click here. The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation and is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. The hiring of a lawyer is an important decision that should not be solely based on advertisement. Before you decide, ask us about our qualifications and experience.

Attorney Bryant Dunivan's offices are centrally located in Tampa, FL and Valrico, FL. From these locations, Mr. Dunivan represents clients facing Foreclosure, Chapter 7 and 13 Bankruptcy, Consumer Protection, and Real Estate Law. Mr. Dunivan represents clients throughout the state of Florida, and most commonly practices in the following cities and counties: Hillsborough County, Pasco County, Pinellas County, Hernando County, Polk County, Charlotte County, DeSoto County, Sarasota County, Lee County, and Collier County, Florida. Mr. Dunivan's current client base is comprised of residents of the following cities: Tallahassee, Tampa, Riverview, Clearwater, Valrico, Brandon, Lithia, Apollo Beach, Gibsonton, Wesley Chapel, New Tampa, Seffner, Ruskin, Sun City Center, Fish Hawk, Plant City, Temple Terrace, South Shore, Fort Myers, Cape Coral, Lehigh Acres, Naples, Deland, Daytona, Arcadia, Punta Gorda, Bonita Springs, Naples, Golden Gate, and Ellenton. If a city or county is not listed above, Mr. Dunivan will represent clients throughout the state of Florida


Owen & Dunivan, PLLC

Tampa, FL Office
615 W. De Leon St.
Tampa, FL 33606


Valrico, FL Office
1815 East State Road 60 Suite 202
Valrico, FL 33594


Offices:Valrico, Tampa

A consultation with me or my firm may result in seeking relief under Title 11 of the US Code (Bankruptcy). We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

Avvo - Rate your Lawyer. Get Free Legal Advice.

Protected by Copyscape Web Copyright Checker