SOUTHERN-OWNERS INSURANCE COMPANY
v.
PARK PLACE AT WINTER GARDEN, LLC
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The district court denied an insurance company's motion for default judgment against a defendant LLC due to a discrepancy in the service of process documentation, where the affidavit of service identified a different entity name than the defendant being sued.
The motion for clerk's default was denied without prejudice because the affidavit of service did not clearly establish that the correct defendant was properly served, as it identified a different entity name than the defendant being sued.
“before a Clerk's default can be entered against a defendant, the Court must determine that the defendant was properly served”
Establishes the threshold requirement that proper service must be demonstrated before entering a default judgment
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Join FLexlaw to unlock all legal intelligenceSouthern-Owners Insurance Company sought a clerk's default against Park Place at Winter Garden, LLC. The plaintiff filed an Amended Motion for Entry o…
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Doc. No. 17. No timely responses to the motion were filed. Local Rule 3.01(c). However, although Plaintiff attaches an affidavit of service to the motion, that affidavit reflects service related to “Park Place at Winter Garden, Inc." rather than "Park Place at Winter Garden, LLC.” Doc. No. 17-1, at 5. Plaintiff provides no explanation for this discrepancy in the motion. Doc. No. 17. Accordingly, the motion (Doc. No. 17) is DENIED without prejudice. See generally United States v.
Donald, No. 3:09-cv-147-J-32HTS, 2009 WL 1810357, at *1 (M.D. Fla. June 24, 2009) (before a Clerk's default can be entered against a defendant, the Court must determine that the defendant was properly served).
Plaintiff shall file a renewed motion within fourteen (14) days of the date of this Order, which may be supported by an amended return of service. DONE and ORDERED in Orlando, Florida on May 28, 2025. Uslis Heyan Price LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE Copies furnished to: Counsel of Record Unrepresented Parties -2-