Opinion
2:21-cv-39-SPC-NPM
09-09-2021
GEORGE WEBER, as Trustee of the 12321 Adventure Drive Land Trust Dated 12/30/2011 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. 53). Defendant wants the Court to clarify either its judgment (Doc. 35) or Order quashing service (Doc. 24). 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. 24 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 $858, 907.50 recorded on October 13, 2020 as Instrument #5937370 in the Official Records of [Collier] County, Florida is VOID, INVALID and of NO FORCE AND EFFECT.(Doc. 53 at 4).
Accordingly, it is now
ORDERED:
1. Defendant's Amended Unopposed Motion for Clarification of Judgment [Doc. 35] (Doc. 53) is GRANTED as explained above.
2. The default judgment recorded in Collier County, Florida as Instrument #5937370 is VOID, INVALID, and of NO FORCE OR EFFECT.
DONE and ORDERED.