Opinion
2:21-cv-40-SPC-NPM
09-09-2021
QUEST SYSTEMS, LLC, as Trustee of the 16347 Coco Hammock Land Trust dated November 29, 2012 Plaintiff, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, Defendant.
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SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
Before the Court is Defendant's Unopposed Motion for Clarification. (Doc. 63). Defendant wants the Court to clarify either its judgment (Doc. 37) or Order quashing service (Doc. 26). This is necessary, says Defendant, so this Order can be recorded in public records to reflect that a judgment is void. The Court grants the Motion and will clarify its March 1, 2021, Order-which quashed Plaintiff's purported service in state court and rendered the default judgment there void. (Doc. 26 at 10 (“Service is QUASHED and the default entered against [Defendant] in state court is VACATED.”)). Given the parties' agreement, the Court will use their requested language:
Pursuant to the Order dated March 1, 2021, quashing service of process on Defendant, the Final Judgment After Default in the amount of $1, 019, 370.00 recorded on September 22, 2020 as Instrument #2020-000226568 in the Official Records of [Lee] County, Florida is VOID, INVALID and of NO FORCE AND EFFECT.(Doc. 63 at 4).
Accordingly, it is now
ORDERED:
1. Defendant's Amended Unopposed Motion for Clarification of Judgment [Doc. 37] (Doc. 63) is GRANTED as explained above.
2. The default judgment recorded in Lee County, Florida as Instrument #2020000226568 is VOID, INVALID, and of NO FORCE OR EFFECT.
DONE and ORDERED.