FIRST HOME BANK
v.
CLIMAX AKAUSHI FARM LLC

M.D. Fla. | 2022-03-31
No. 8:21-cv-2922
District Court, M.D. Florida (2022)

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Holding

The court granted the plaintiff's motion for default final judgment against all defendants.


Facts & Procedural History

Plaintiff First Home Bank sued multiple defendants for non-payment on a promissory note. The defendants accepted service but failed to plead or otherw…

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Opinion of the Court

Plaintiff met the pleading requirements in its complaint. See Chudasma v. Mazda-Motor Corp., 123 F. 3d 1353, 1370 n. 41 (11th Cir. 1997). Defendants are deemed to have admitted liability on the well-pleaded allegations of fact in the complaint. Buchanon v. Bowman, 820 F. 2d 359, 361 (11th Cir. 1987). Damages may be awarded without a hearing if the amount is a liquidated sum or capable of mathematical calculation. See Fed. R. Civ. P. 55(b)(1); SEC v. Smyth, 420 F. 3d 1125, 1231 (11th Cir. 2005) (citing cases). The Court finds Plaintiff is entitled to compensatory damages, which are a sum certain. As of March 17, 2022, the total amount due under the note is $1,752,053.31 itemized as follows: Principal $1,616,066.85 Interest (as of 3/17/2022 at $265.65 per diem) $131,484.70

Site Inspection Expenses $270.00 Appraisal Fee Expenses $3,750.00 Flood Insurance Expense $481.76 Total Amount Due: $1,752,053.31

Dkt. 20 at 7; Dkt. 20-2 ¶28. It is therefore ORDERED AND ADJUDGED as follows: 1. Plaintiff’s Motion for Default Final Judgment (Dkt. 20) is granted. 2. Plaintiff is directed to file a separate motion for attorney’s fees with supporting evidence and a proposed bill of costs within fourteen (14) days. 3. Plaintiff is awarded monetary damages of $1,752,053.31. 4. The Clerk is directed to enter a final default judgment in favor of Plaintiff and against Defendants Climax Akaushi Farm LLC, Haines Farm Operating LLC, Joseph Pasqualone, Schoenborn Associates, Inc., Schnare Farm Operating LLC, and Better Designs Inc. in the amount set forth in paragraph 3 above, together with post-judgment interest to accrue at the legal rate. The Clerk is directed to terminate any pending motions and deadlines and close the case. DONE AND ORDERED at Tampa, Florida, on March 31, 2022. me,

UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO: Counsel of record


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