Centennial Bank v. Adams et al

Filing 12

ORDER granting 11 Plaintiff's Motion for Entry of Default Judgment. The Clerk is directed to enter judgment in favor of Plaintiff and against Defendants in the amount of $97,792.46. The Clerk shall thereafter CLOSE THIS CASE. Signed by Judge Virginia M. Hernandez Covington on 10/25/2013. (CH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CENTENNIAL BANK,
Plaintiff,
v.

Case No. 8:13-cv-2091-T-33EAJ

RICHARD E. ADAMS and NANCY H.
ADAMS,
Defendants.
/
ORDER
This cause is before the Court pursuant to Plaintiff’s
Motion for Entry of Default Judgment (Doc. # 11), which was
filed on October 7, 2013.

For the reasons that follow, the

Court grants the Motion.
I.

Default
Federal Rule of Civil Procedure 55(a) provides: “When a

party against whom a judgment for affirmative relief is sought
has failed to plead or otherwise defend, and that failure is
shown by affidavit or otherwise, the clerk must enter the
party’s default.”

A district court may enter a default

judgment against a properly served defendant who fails to
defend or otherwise appear pursuant to Federal Rule of Civil
Procedure 55(b)(2). DirecTV, Inc. v. Griffin, 290 F. Supp. 2d
1340, 1343 (M.D. Fla. 2003).
The mere entry of a default by the Clerk does not, in

itself, warrant the Court entering a default judgment.

See

Tyco Fire & Sec. LLC v. Alcocer, 218 F. App’x 860, 863 (11th
Cir. 2007) (citing Nishimatsu Constr. Co. v. Hous. Nat’l Bank,
515 F.2d 1200, 1206 (5th Cir. 1975)).

Rather, a Court must

ensure that there is a sufficient basis in the pleadings for
the judgment to be entered.

Id.

A default judgment has the

effect of establishing as fact the plaintiff’s well-pled
allegations of fact and bars the defendant from contesting
those facts on appeal.
II.

Id.

Analysis
On

August

Complaint

13,

against

2013,

Plaintiff

Defendants

filed

alleging

a
that

single-count
Defendants

defaulted on a promissory note in the principal amount of
$100,000.00 by failing to make a payment due on April 13,
2013, the maturity date of the subject loan. (Doc. # 1 at
¶¶ 6, 10).
Plaintiff effected service of process on Defendants on
August 31, 2013. (Doc. ## 6, 7).
responsive pleading.

Defendants failed to file a

On September 25, 2013, Plaintiff filed

separate motions for the Clerk’s entry of default against each
Defendant. (Doc. ## 8, 9).

The Clerk entered a default as to

both Defendants pursuant to Rule 55(a) of the Federal Rules of
Civil Procedure on September 26, 2013. (Doc. # 10).
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Based upon the Clerk’s entry of default, the well-pled
factual allegations contained in the Complaint, the affidavit
of Sherry McGinn, Centennial Bank’s “Special Asset Legal
Coordinator - Florida Region” (Doc. # 11-1 at 1), and the
Motion, the Court determines that the Motion is due to be
granted and further determines that a hearing on this matter
is not needed.

Plaintiff is entitled to a judgment against

Defendants for $97,792.46, which includes the principal amount
of $95,954.39, interest in the amount of $1,788.07, and late
fees amounting to $50.00.

(Id. at 5-6).

This amount, which is capable of accurate and ready
mathematical computation and ascertainment from the affidavit
and

other

exhibits

filed

by

Plaintiff,

represents

the

principal sum due and owing as well as interest thereon.
Specifically, Sherry McGinn provided on behalf of Plaintiff a
detailed affidavit itemizing the amounts due and owing in
connection

with

the

relevant

promissory

note

and

loan

agreement. (Id.). Plaintiff has additionally furnished a copy
of the promissory note (Doc. # 11-2) and loan agreement (Doc.
# 11-3), as well as a copy of the loan transaction history
(Doc. # 11-5).
Accordingly, the Court directs the Clerk to enter a final
default judgment against Defendants and in favor of Plaintiff
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in the amount of $97,792.46.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

Plaintiff’s Motion for Entry of Default Judgment (Doc. #
11) is GRANTED.

(2)

The Clerk is directed to enter judgment in favor of
Plaintiff

and

against

Defendants

in

the

amount

of

$97,792.46.
(3)

The Clerk shall thereafter CLOSE THIS CASE.
DONE and ORDERED in Chambers in Tampa, Florida, this 25th

day of October, 2013.

Copies: All Parties and Counsel of Record

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