United States of America v. Athan

Filing 14

ORDER: Plaintiff's Motion for Summary Judgment and Award of Attorney's Fees and Costs 12 and Plaintiff's Amended Motion for Entry of Default Final Judgment of Foreclosure 13 are denied without prejudice. Plaintiff is directed to file an appropriate motion in accordance with the directives listed herein within fourteen (14) days of this Order. Signed by Judge James S. Moody, Jr. on 3/22/2017. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No: 8:16-cv-2958-T-30JSS

WILLIAM ATHAN,
Defendant.

ORDER
THIS CAUSE comes before the Court upon Plaintiff’s Motion for Summary
Judgment and Award of Attorney’s Fees and Costs (Dkt. #12) and Plaintiff’s Amended
Motion for Entry of Default Final Judgment of Foreclosure (Dkt. #13). Upon review and
consideration, the Court determines that Plaintiff needs to file a motion for entry of final
judgment of foreclosure that points to the record evidence establishing the appropriateness
of foreclosure under these circumstances, that explains the court's jurisdiction, that contains
a memorandum of law discussing the legal basis for foreclosing under these circumstances,
that discusses whether any homestead exemption issue exists to preclude foreclosure, and
that addresses whether the subject property is owned by anyone else who may have an
interest in the property. The motion must also attach a proposed final judgment of
foreclosure that contains all of the foreclosure details as required under Florida law.
Accordingly, it is
ORDERED AND ADJUDGED that:

1.

Plaintiff’s Motion for Summary Judgment and Award of Attorney’s Fees and

Costs (Dkt. #12) and Plaintiff’s Amended Motion for Entry of Default Final Judgment of
Foreclosure (Dkt. #13) are denied without prejudice.
2.

Plaintiff is directed to file an appropriate motion in accordance with the

directives listed herein within fourteen (14) days of this Order.
DONE and ORDERED in Tampa, Florida, this 22nd day of March, 2017.

Copies furnished to:
Counsel/Parties of Record

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