WALLIS, J.
In consideration of Appellees' July 2, 2015 motion for rehearing or clarification, we grant the requested relief, withdraw our prior opinion, and substitute this opinion in its stead.
Appellant, TD Bank, N.A. ("TDB"), appeals the trial court's denial of a motion seeking a deficiency judgment ("Deficiency Motion") in a foreclosure action, arguing that the trial court erred by ruling that TDB was required to introduce the earlier-entered Final Judgment of Foreclosure ("Final Judgment") into evidence.
In May 2013, the trial court granted summary judgment of foreclosure in favor of TDB and entered the Final Judgment against Appellees, Robert M. Graubard, individually, and as Trustee for the Robert M. Graubard Revocable Trust and the Graubard Revocable Trust (collectively "Graubard"). In the Final Judgment, the trial court established that Graubard owed $241,554.86 to TDB and specifically reserved jurisdiction "to enter further orders that are proper, including, without limitation, attorneys' fees, writs of possession and deficiency judgments." Graubard did not appeal the Final Judgment.
On September 16, 2013, TDB filed the Deficiency Motion, seeking the $241,554.86 amount awarded in the Final Judgment, plus $3,521.28 in post-judgment interest, minus the fair market value of the property. TDB asserted that the fair market value of the property was $160,000 and, accordingly, requested a deficiency judgment of $85,076.14. TDB specifically referenced the Final Judgment's award of $241,554.86 several times and attached the Final Judgment and the certificate of title to the Deficiency Motion.
The trial court held a January 15, 2014 hearing on the Deficiency Motion. The only witness at the hearing, real estate appraiser John Mullins, was called by TDB to establish the fair market value of the property. Mullins testified, over objection, that he appraised the property and the structures on the property at $160,000. Graubard contested the valuation testimony on cross-examination but provided no competing evidence of value after the parties agreed that such evidence would be presented during the rebuttal case. After TDB rested, the trial court granted Graubard's motion for involuntary dismissal, ruling that TDB failed to provide prima facie evidence of the debt amount on the foreclosed property.
We review de novo a trial court's ruling on a motion for directed verdict. Meruelo v. Mark Andrew of Palm Beaches, Ltd., 12 So.3d 247, 250 (Fla. 4th DCA 2009).
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. Bank of St. Augustine, 336 So.2d 1248, 1249 (Fla. 1st DCA 1976)). "[T]he motion for deficiency [is] a continuance of the foreclosure proceedings." L.A.D. Prop. Ventures, Inc. v. First Bank, 19 So.3d 1126, 1128 (Fla. 2d DCA 2009). "The law of mortgage foreclosure in Florida contemplates that a deficiency judgment may be appropriate in a foreclosure suit, and as such, a deficiency proceeding is a continuation of the original foreclosure suit." Estepa v. Jordan, 678 So.2d 876, 878 (Fla. 5th DCA 1996) (footnote omitted).
Once a trial court enters judgment of foreclosure, the judgment "fixe[s] the validity, priority and extent of [the] debt." Ahmad v. Cobb Corner, Inc., 762 So.2d 944, 946-47 (Fla. 4th DCA 2000). No additional proof of the debt amount is necessary; the secured party need only "prov[e] that the fair market value of the property was less than the total debt determined by the final judgment." Chidnese v. McCollem, 695 So.2d 936, 938 (Fla. 4th DCA 1997); see also Khan v. Simkins Indus., Inc., 687 So.2d 16, 18 (Fla. 3d DCA 1996); Fed. Deposit Ins. Corp. v. Circle Bar Ranch, Inc., 450 So.2d 921 (Fla. 5th DCA 1984).
The reintroduction of a final judgment of foreclosure is not necessary to establish a lender's right to a deficiency judgment in the same case.
Here, because the Final Judgment was entered in the same case as the later Deficiency Motion, the trial court erred in ruling that TDB failed to present sufficient evidence of the debt amount. The Final Judgment clearly fixed the amount of Graubard's debt to TDB at $241,554.86, plus interest. TDB presented evidence at the hearing that the fair market value of the foreclosed property was $160,000. Graubard's motion to dismiss the Deficiency Motion did not allege insufficient valuation evidence, but rather that TDB failed to prove the amount of Graubard's debt. We reverse the trial court's denial of the Deficiency Motion and remand for a new deficiency hearing, at which Graubard may provide rebuttal evidence concerning the property's value, and for entry of an appropriate deficiency judgment to the extent that any deficit exists.
REVERSED and REMANDED with INSTRUCTIONS.
PALMER and ORFINGER, JJ., concur.