First Home Bank v. Mountain Desert Empire LLC et al

Filing 16

ORDER granting 14 Motion for Default Judgment. The Clerk is directed to enter judgment for Plaintiff against Defendants on Count I for $108,119.34. This amount consists of outstanding principal of $97,235.65; prejudgment interest o f $4,570.75 from December 1, 2016 through August 15, 2017; late fees of $398.03; inspection expenses of $490.00; attorneys' fees of $4,300.00; and collection costs of $1,124.91. Signed by Judge Susan C Bucklew on 8/15/2017. (JD)

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

Case No. 8:17-cv-775-T-24 JSS

MOUNTAIN DESERT EMPIRE LLC
and TRAVIS WADE DUGGINS,
Defendants.
______________________________/
ORDER
This cause comes before the Court on Plaintiff’s Motion for Default Judgment. (Doc.
No. 14). As explained below, the motion is granted.
I. Background
Plaintiff alleges the following in its complaint, which is deemed admitted by Defendants
(Doc. No. 1): On June 13, 2016, Plaintiff lent Defendant Mountain Desert Empire LLC
(“Borrower”) $100,000, which is evidenced by a promissory note (“Note”). Defendant Travis
Wade Duggins executed a Guaranty of Borrower’s repayment of the $100,000 Note.
Borrower failed to pay the January 1, 2017 installment payment due on the Note, and as a
result, Plaintiff elected to accelerate all payments due and owing under the Note. Despite
Plaintiff’s demand for payment, Borrower has refused to pay the amounts due under the Note.
The Note and Guaranty provide that Defendants are liable for Plaintiff’s attorneys’ fees and
collection costs if they default on their obligations. As a result, Plaintiff filed suit against
Defendants, asserting various claims, including a claim for repayment of the Note (Count I).
Defendants failed to respond to the complaint, and the Clerk entered default against them.
Thereafter, Plaintiff filed the instant motion for default judgment.

II. Motion for Default Judgment
In the motion for default judgment, Plaintiff seeks the following amounts: outstanding

principal of $97,235.65; prejudgment interest of $4,421.55 from December 1, 2016
through August 7, 2017, with interest continuing to accrue at $18.65 per day; late fees of
$398.03; inspection expenses of $490.00; attorneys’ fees of $4,300.00; and collection
costs of $1,124.91. The Court has reviewed the materials submitted in support of this
motion (Doc. No. 15), as well as the entire record, and the Court finds that Plaintiff is
entitled to the amounts being sought. The Court notes that the attorneys’ fees being
sought appear to be fair, reasonable, and necessary.
III. Conclusion
Accordingly, it is ORDERED AND ADJUDGED that Plaintiff’s Motion for Default
Judgment (Doc. No. 14) is GRANTED. The Clerk is directed to enter judgment for Plaintiff
against Defendants on Count I for $108,119.34 This amount consists of outstanding principal

of $97,235.65; prejudgment interest of $4,570.75 from December 1, 2016 through August
15, 2017; late fees of $398.03; inspection expenses of $490.00; attorneys’ fees of
$4,300.00; and collection costs of $1,124.91.
DONE AND ORDERED at Tampa, Florida, this 15th day of August, 2017.

Copies to:
Counsel of Record

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