Weber v. Deutsche Bank National Trust Company

Filing 54

ORDERED: Defendant's Amended Unopposed Motion for Clarification of Judgment (Doc. 35) (Doc. 53) is GRANTED as explained above. The default judgment recorded in Collier County, Florida as Instrument #5937370 is VOID, INVALID, and of NO FORCE OR EFFECT. Signed by Judge Sheri Polster Chappell on 9/9/2021. (AEH)

Case 2:21-cv-00039-SPC-NPM Document 54 Filed 09/09/21 Page 1 of 2 PageID 1304

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GEORGE WEBER, as Trustee of
the 12321 Adventure Drive Land
Trust Dated 12/30/2011
Plaintiff,
v.

Case No: 2:21-cv-39-SPC-NPM

DEUTSCHE BANK NATIONAL
TRUST COMPANY,
Defendant.

/
ORDER 1

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

Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using
hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties
or the services or products they provide, nor does it have any agreements with them. The
Court is also not responsible for a hyperlink’s availability and functionality, and a failed
hyperlink does not affect this Order.
1

Case 2:21-cv-00039-SPC-NPM Document 54 Filed 09/09/21 Page 2 of 2 PageID 1305

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 in Fort Myers, Florida on September 9, 2021.

Copies: All Parties of Record

2