Quest Systems LLC v. Deutsche Bank National Trust Company
Filing
64
ORDERED: Defendant's Amended Unopposed Motion for Clarification of Judgment (Doc. 37) (Doc. 63) is GRANTED as explained above. The default judgment recorded in Lee County, Florida as Instrument #2020000226568 is VOID, INVALID, and of NO FORCE OR EFFECT. Signed by Judge Sheri Polster Chappell on 9/9/2021. (AEH)
Case 2:21-cv-00040-SPC-NPM Document 64 Filed 09/09/21 Page 1 of 2 PageID 1458
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
QUEST SYSTEMS, LLC, as
Trustee of the 16347 Coco
Hammock Land Trust dated
November 29, 2012
Plaintiff,
v.
Case No: 2:21-cv-40-SPC-NPM
DEUTSCHE BANK NATIONAL
TRUST COMPANY,
Defendant.
/
ORDER 1
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
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Case 2:21-cv-00040-SPC-NPM Document 64 Filed 09/09/21 Page 2 of 2 PageID 1459
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 in Fort Myers, Florida on September 9, 2021.
Copies: All Parties of Record
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