Weber v. Deutsche Bank National Trust Company
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
Case No: 2:21-cv-39-SPC-NPM
DEUTSCHE BANK NATIONAL
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
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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
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
DONE and ORDERED in Fort Myers, Florida on September 9, 2021.
Copies: All Parties of Record
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