JPMorgan Chase Bank, N.A. v. M. Wulff Florida Holdings, Inc. et al

Filing 21

ORDER granting 18 plaintiff's Motion for Default Judgment. See Order for details. (CMG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff,
v.

Case No:

2:18-cv-55-FtM-29MRM

M. WULFF FLORIDA HOLDINGS,
INC. and MITCHELL A. WULFF,
Defendants.
ORDER
This matter comes before the Court on plaintiff's Motion for
Default Judgment (Doc. #18) filed on May 8, 2018.

No response has

been filed and the time to respond has expired.

The Court finds

that an evidentiary hearing is not required and will render a
decision based on the documents submitted.

For the reasons set

forth below, plaintiff’s motion is granted.
Plaintiff

JPMorgan

Chase

Bank,

N.A.

(Plaintiff)

filed

a

Complaint (Doc. #1) against M. Wulff Florida Holdings, Inc. (Wulff
Holdings)
Defendants)

and
for

Mitchell
breach

A.
of

Wulff
contract

(M.
and

Wulff)
breach

(collectively,
of

guaranty.

Because Defendants failed to respond to Plaintiff’s Complaint, a
Clerk’s Entry of Default was entered against Defendants on April
4, 2018 (Doc. #15.)
against Defendants.

Plaintiff now moves for the entry of judgment

“A defendant, by his default, admits the plaintiff’s wellpleaded allegations of fact, is concluded on those facts by the
judgment, and is barred from contesting on appeal the facts thus
established.[ ] A default judgment is unassailable on the merits,
but only so far as it is supported by well-pleaded allegations.
[ ] A default defendant may, on appeal, challenge the sufficiency
of the complaint, even if he may not challenge the sufficiency of
the proof.”

Eagle Hosp. Physicians, LLC v. SRG Consulting, Inc.,

561 F.3d 1298, 1307 (11th Cir. 2009) (internal citations omitted).
Deeming all allegations in the Complaint as admitted, on
September 30, 2015, Wulff Holdings executed a promissory note to
secure a loan from Plaintiff in the amount of $379, 800.00 (the
$379K Loan).

(Doc. #1, ¶ 8.)

On September 30, 2015, M. Wulff

executed an Unconditional Guaranty and a Conditional Guaranty,
which guaranteed to Plaintiff “the prompt payment of all amounts
due under the $379K Note.”

(Id., ¶10.)

On September 30, 2015,

Wulff Holdings also executed a promissory note to secure a loan
from Plaintiff in the amount of $25, 000.00 (the $25K Loan).
¶ 12.)

(Id.,

On September 30, 2015, M. Wulff executed an Unconditional

Guaranty and a Conditional Guaranty, which guaranteed to Plaintiff
“the prompt payment of all amounts due under the $25K Note.”
¶ 14.)

(Id.,

On July 1, 2017, Wulff Holdings defaulted on both the 379K

loan and the 25K loan.

(Id., ¶¶ 16, 22.)

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Plaintiff

seeks

money

damages

against

Defendants

amount owed on the $379K Loan and the $25K loan.

in

the

“A contract of

guaranty is the promise to answer for the payment of some debt or
the performance of some obligation by another on the default of
that third person who is liable in the first instance.”

Brunswick

Corp. v. Creel, 471 So. 2d 617, 618 (Fla. 5th DCA 1985).

“A cause

of action for breach of a guaranty agreement arises upon default
and a subsequent refusal to pay by the guarantor.”

Id. at 619.

The elements of a breach of contract cause of action are: (1) a
valid contract, (2) a material breach, and (3) damages.

Havens

v. Coast Florida, P.A., 117 So. 3d 1179, 1181 (Fla. 2d DCA 2013).
Upon review of the Complaint, the Court finds the allegations are
sufficiently pled to support a default judgment against Defendants
for breach of contract and breach of guaranty.
Plaintiff’s affidavit reflects that Defendants owe on the
$379K Loan: $260, 666.46 in principal, $10, 540.93 in past-due
interest, with interest accruing until the date of judgment at
$32.14 per diem, and $1, 844.80 in late fees. (Doc. #18-1, p. 2.)
Plaintiff’s affidavit further reflects that Defendants owe on the
$25K Loan: $15, 617.92 in principal, $1, 489.38

in past-due

interest, with interest accruing at $5.22 per diem, and $450.00 in
late fees, for a grand total of $290, 609.49.

(Id., pp. 3, 59.)

Defendants have failed or refused to pay the amounts due and
owing, and are indebted to Plaintiff in the amount of $290, 609.49

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as of April 25, 2018.

The Court will grant the Motion for Default

Judgment against Defendants in the amount owed to Plaintiff as of
April 25, 2018, plus any interest accrued thereafter, until payment
by Defendants.
Accordingly, it is hereby
ORDERED:
1. Plaintiff’s
GRANTED.

Motion

for

Default

Judgment

(Doc.

#18)

is

The Clerk is directed to enter judgment in favor

of plaintiff and against defendants, providing that plaintiff
shall recover from defendants, jointly and severally, as
follows:
A. On the $379K Loan:
1. The principal amount of $260, 666.46;
2. Interest through April 25, 2018, in the amount
of $10, 540.93;
3. Accruing interest at the rate of $32.14 per diem
thereafter, through the date of judgment until
paid;
4. Late fees in the amount of $1, 489.38.
B. On the $25K Loan:
1. The principal amount of $15, 617.92;
2. Interest through April 25, 2018, in the amount
of $1, 489.38;

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3. Accruing interest at the rate of $5.22 per diem
thereafter, through the date of judgment until
paid;
4. Late fees in the amount of $450.00.
2. Any motion for attorney’s fees and/or costs shall be filed
within FOURTEEN (14) DAYS of the entry of judgment.
3. The Clerk is further directed to terminate all pending matters
and close the file.
DONE and ORDERED at Fort Myers, Florida, this 23rd day of
July, 2018.

Copies:
Counsel of Record

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