OWL CREEK BOAT WORKS AND STORAGE, INC.
v.
DEJONG AND LEBET, INC.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court denied the plaintiff's motion for default judgment because a clerk's default had not been entered and there was insufficient proof of service on the defendants.
Plaintiff moved for a default judgment against several defendants. The plaintiff had not yet obtained a clerk's default, nor had it provided sufficien…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Proof Of Service cases and more on FLexlaw
Plaintiff Owl Creek Boat Works and Storage, Inc. moves for a default judgment against several defendants under Fed. R. Civ. P. 55(b). (Doc. 32.) [fn 1] The motion is DENIED WITHOUT PREJUDICE for the reasons below.
First, Plaintiff has not secured a clerk's default against the identified defendants. Rule 55 creates a two-step procedure for obtaining a default judgment, with a party first obtaining a clerk's default under Rule 55(a). “Because there has been no entry of default [here], Plaintiff's motion for default judgment” is premature. Adams v. Unum Life Ins. Co. of Am., No. 5:22-CV-35-JSM-PRL, 2022 WL 3098850, at *1 (M.D. Fla. July 18, 2022).
Second, even if Plaintiff's request was procedurally proper, there is no proof of service on the identified defendants. “Before entering default judgment, the court must ensure that it has jurisdiction over the claims and parties." Golembiewski v. Waters Pointe Apartments, LLC, No. 823CV00081ККМАЕР, 2023 WL 4931218, at *2 (M.D. Fla. June 27, 2023). “A judgment rendered in the absence of personal jurisdiction is void and without legal effect." Strange v. Nescio, No. 20-80947-CV, 2021 WL 8945480, at *1 (S.D. Fla. Mar. 29, 2021).
Thus, “when deciding a motion for default judgment, a court has an affirmative duty to evaluate whether it has personal jurisdiction over the defendant and may raise the issue sua sponte." Id. Proper service of process is a jurisdictional requirement. Pardazi v. Cullman Med. Ctr., 896 F. 2d 1313, 1317 (11th Cir. 1990). Indeed, “a court lacks jurisdiction over the person of a defendant when that defendant has not been served.” Id.
“Unless service is waived, proof of service must be made to the court.” Fed. R. Civ. P. 4(1). Generally, an affidavit of the process server is required to prove service. Id. (“Except for service by a United States marshal or deputy marshal, proof must be by the server's affidavit.").
Plaintiff has not filed proof of service for any of the defendants at issue. The only evidence of service is Plaintiffs statements in its motion. (See Doc. 32.) But that is not enough. See, e.g., Patten v. Lown, No. 2:20-CV-605-JLB- MRM, 2021 WL 236630, at *3 (M.D. Fla. Jan. 25, 2021). Based on the information before it, the Court cannot determine whether defendants were properly served. Thus, Plaintiff's motion for default judgment must fail. See, e.g., Clark v. Fla., No. 1:24-CV-00116-JPB, 2024 WL 3319410, at *1 (N.D. Ga. May 30, 2024).
ORDERED in Fort Myers, Florida on April 30, 2025.
Kyle C. Dudek United States Magistrate Judge
[fn 1]: Unless otherwise indicated, all internal quotation marks, citations, case history, and alterations have been omitted in this and later citations.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Owl Creek Boat Works & Storage, Inc. v. Dejong & Lebet, Inc., 2022 WL 3098850 (M.D. Fla. 2025)…less otherwise indicated, all internal quotation marks, citations, case history, and alterations have been omitted in this and later citations. ---PAGE 2--- default judgment” is premature. Adams v. Unum Life Ins. Co. of Am., No. 5:22-CV-35-JSM-PRL, 2022 WL 3098850, at *1 (M.D. Fla. July 18, 2022). Second, even if Plaintiff's request was procedurally proper, there is no proof of service on the identified defendants. “Before entering default judgment, the court must ensure that it has jurisdiction over the cla…1 / 2
-
Life Ins. Co. of the Sw. v. Clarke (M.D. Fla. 2025)…and the Insured were not divorced at the time of his death. II. Legal Standard "When a defendant has failed to plead or defend, a district court may enter judgment by default.” Golembiewski v. Waters Pointe Apartments, LLC, No. 8:23-CV-81-KKM-AEP, 2023 WL 4931218, at *2 (M.D. Fla. June 27, 2023). "The Federal Rules of Civil Procedure establish a two-step process for obtaining default judgment.” Petition of Daytona Beach Aqua Safari, Inc. v. 3 ---PAGE 3--- Castle, No. 6:22-CV-740-CEM-DCI, 2023 WL 2329090,…1 / 4
-
Zambrana v. Scubavice Diving Ctr., LLC (M.D. Fla. 2025)…ntered. Zambrana now moves for a default judgment. (Doc. 51). II. Legal Standard "When a defendant has failed to plead or defend, a district court may enter judgment by default.” Golembiewski v. Waters Pointe Apartments, LLC, No. 823CV00081ККМАЕР, 2023 WL 4931218, at *2 (M.D. Fla. June 27, 2023). "The Federal Rules of Civil Procedure establish a two-step process for obtaining default judgment.” Petition of Daytona Beach Aqua Safari, Inc. v. Castle, No. 6:22-CV-740-CEM-DCI, 2023 WL 2329090, at *1 (M.D. Fla. F…1 / 3
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dr. S.B. Pardazi v. Cullman Med. Ctr., 896 F.2d 1313 (11th Cir. 1990)
- Owl Creek Boat Works & Storage, Inc. v. Dejong & Lebet, Inc., 2022 WL 3098850 (M.D. Fla. 2025)