HOUSTON CASUALTY COMPANY
v.
ANGELS ON EARTH PPEC, INC.
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Houston Casualty Company sought a default judgment against Angels on Earth PPEC, Inc. for failure to respond, but the District Court denied the motion without prejudice, finding it failed to comply with local rules and did not adequately demonstrate proper service of the corporation.
The motion for default was denied without prejudice because it failed to comply with Local Rule 3.01(g) and failed to demonstrate by citation to applicable legal authority that service on the corporation was proper under governing law.
[1] A motion for clerk's default may be denied for failure to comply with local rules.
[2] A motion for clerk's default must demonstrate proper service of process by citation to applicable legal authority.
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Join FLexlaw to unlock all legal intelligence“the motion fails to demonstrate, by citation to applicable legal authority, that Angels on Earth PPEC, Inc. was properly served. Specifically, Plaintiff fails to show that service on a corporation by substitute service on a co-resident of a registered agent, at a residential address not listed with the Florida Secretary of State, suffices to effect proper service under governing law.”
Court's rationale for denying the default motion, establishing that proper service must be demonstrated by legal citation
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Join FLexlaw to unlock all legal intelligenceHouston Casualty Company filed a motion for clerk's default against defendant Angels on Earth PPEC, Inc. The plaintiff attempted service on the corpor…
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Before the Court is Houston Casualty Company's Motion for Clerk's Default Against Angels on Earth PPEC, Inc. Doc. No. 69. On review, the motion (Doc. No. 69) is DENIED without prejudice. First, the motion fails to comply with Local Rule 3.01(g). Second, the motion fails to demonstrate, by citation to applicable legal authority, that Angels on Earth PPEC, Inc. was properly served. Specifically, Plaintiff fails to show that service on a corporation by substitute service on a coresident of a registered agent, at a residential address not listed with the Florida Secretary of State, suffices to effect proper service under governing law. See Doc. No. 69. Cf. Roor Int'l BV v. DNR USA Corp., No. 6:19-cv-171-Orl-31LRH, 2019 WL 10784415, at *2 (M.D. Fla. Nov. 13, 2019) (“Plaintiffs' motion seems to suggest that
if a registered agent can no longer be found at the address provided, it is proper to serve the registered agent by substitute service at his residential address . . . . Plaintiffs . . . have provided no binding or persuasive authority in support, and at least one court in this district has previously rejected a similar argument.” (citing Auto-Owners Ins. Co. v. Traster, No. 6:16-cv-2051-Orl-41DCI, 2017 WL 10080181, at *2 (M.D. Fla. Apr. 5, 2017))).
Plaintiff shall file a renewed motion within fourteen (14) days of this Order, in full compliance with the Local Rules, and demonstrating by citation to legal authority that service on Angels on Earth PPEC, Inc. was proper.
DONE and ORDERED in Orlando, Florida on March 12, 2025.
Uslis Uslistan Heran Price LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties
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Cited By
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Houston Cas. Co. v. Angels On Earth Ppec, Inc., 2017 WL 10080181 (M.D. Fla. 2025)…al address... . Plaintiffs ... have provided no binding or persuasive authority in support, and at least one court in this district has previously rejected a similar argument.” (citing Auto-Owners Ins. Co. v. Traster, No. 6:16-cv-2051-Orl-41DCI, 2017 WL 10080181, at *2 (M.D. Fla. Apr. 5, 2017))). Plaintiff shall file a renewed motion within fourteen (14) days of this Order, in full compliance with the Local Rules, and demonstrating by citation to legal authority that service on Angels on Earth PP…
Authorities Cited
- Houston Cas. Co. v. Angels On Earth Ppec, Inc., 2017 WL 10080181 (M.D. Fla. 2025)