BETANCOURT
v.
MELBOURNE SUITES, LLC

M.D. Fla. | 2024-01-16
No. 13
2020 WL 8187782 2024 FFL 1182 District Court, M.D. Florida (2024) Caution
Also reported at: 2009 WL 10670337 · 2017 WL 8310902
Cited by 4 cases
Opinion of the Court

FILED: January 9, 2024

THEREON it is ORDERED that the motion is DENIED without prejudice.

Plaintiff seeks Clerk's default against Defendant for Defendant's failure to timely appear or respond. Doc. No. 13. Upon review, however, the return of service on which Plaintiff relies is unsigned. See Doc. No. 12. Therefore, the Court cannot rely on that return of service for entry of default. See, e.g., Accident Ins. Co., Inc. v. V&A Drywall & Stucco, Inc., No. 2:20-cv-407-FtM-38MRM, 2020 WL 8187782, at *3 (M.D. Fla. Sept. 1, 2020) (citing Phan v. Accredited Home Lenders Holding Co., No. 3:09-cv-328-J-32HTS, 2009 WL 10670337, at *1 (M.D. Fla. June 12, 2009) (denying without prejudice motion for Clerk's default to the extent that it relied on an unsigned return of service); Jackson Nat'l Life Ins. Co. v. Tottenham, No. 2:16-cv-883- FtM-29MRM, 2017 WL 8310902, at *1 (M.D. Fla. June 23, 2017) (same).

Accordingly, Plaintiff's motion (Doc. No. 13) is DENIED without prejudice to filing a renewed motion, within fourteen (14) days of this Order, which must be supported by an amended, signed return of service.

DONE and ORDERED in Orlando, Florida on January 16, 2024.

Leslie Hoffman Price LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE

Copies furnished to: Counsel of Record Unrepresented Parties

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Betancourt v. Melbourne Suites, LLC, 2020 WL 8187782 (M.D. Fla. 2024)
    …rvice for entry of default. See, e.g., Accident Ins. Co., Inc. v. V@A Drywall & Stucco, Inc., No. 2:20-cv-407-FtM-383MRM, 2020 WL 8187782, at *3 (M.D. Fla. Sept. 1, 2020) (citing Phan v. Accredited Home Lenders Holding Co., No. 3:09-cv-328-J-32HTS, 2009 WL 10670337, at *1 (M.D. Fla. June 12, 2009) (denying without prejudice motion for Clerk’s default to the extent that it relied on an unsigned return of service); Jackson Nat'l Life Ins. Co. v. Tottenham, No. 2:16-cv-883- FtM-29MRM, 2017 WL 831…
    1 / 3
  • Macys v. Century Golf P'rs GP LLC (M.D. Fla. 2025)
    …esult in dismissal pursuant to Federal Rule of Civil Procedure 4(m). -5- 3 Plaintiff does not provide an analysis regarding service pursuant to section 49.062 but generally refers the Court to Accident Ins. Co. Inc. v. V&A Drywall & Stucco, Inc., 2020 WL 8187782, at *3 (M.D. Fla. Sept 1, 2020), and states that “[t]here is no individual named registered agent, therefore a representative of the registered agent is permitted to accept service on the Defendant's behalf." Doc. 19 at 4. As an initial matter, the…
    1 / 2

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw