2950 Summer Swan Land Trust v. Deutsche Bank National Trust Company

Filing 62

ORDERED: Defendant's Amended Unopposed Motion for Clarification of Judgment (Doc. 43) (Doc. 61) is GRANTED as explained above. The default judgment recorded in Desoto County, Florida as Instrument #202014007628 is VOID, INVALID, and of NO FORCE OR EFFECT. Signed by Judge Sheri Polster Chappell on 9/9/2021. (AEH)

Case 2:21-cv-00042-SPC-NPM Document 62 Filed 09/09/21 Page 1 of 2 PageID 1442

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
2950 SUMMER SWAN LAND
TRUST, By: Blackrock Asset
Management, LLC, as Trustee
Plaintiff,
v.

Case No: 2:21-cv-42-SPC-NPM

DEUTSCHE BANK NATIONAL
TRUST COMPANY,
Defendant.

/
ORDER 1

Before the Court is Defendant’s Unopposed Motion for Clarification.
(Doc. 61). Defendant wants the Court to clarify either its judgment (Doc. 43)
or Order quashing service (Doc. 31). 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. 31 at 12 (“Service is QUASHED and the default

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Case 2:21-cv-00042-SPC-NPM Document 62 Filed 09/09/21 Page 2 of 2 PageID 1443

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
$1,323,156.00 recorded on December 17, 2020 as
Instrument #2020-[14]007628 in the Official
Records of Desoto County, Florida is VOID,
INVALID and of NO FORCE AND EFFECT.
(Doc. 61 at 4).
Accordingly, it is now
ORDERED:
1. Defendant’s Amended Unopposed Motion for Clarification of
Judgment [Doc. 43] (Doc. 61) is GRANTED as explained above.
2. The default judgment recorded in Desoto County, Florida as
Instrument #202014007628 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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