First Home Bank v. TFP Tax & Financial Services, LLC et al

Filing 30

ORDER: First Home Bank's Motion for Entry of Default Final Judgment (Doc. # 23 ) is GRANTED. First Home Bank shall tender the original promissory note to the Clerk. Upon receipt of the original Promissory Note, the Clerk is directed to ente r judgment for First Home Bank against TFP Tax & Financial Services, LLC on Count I in the amount of $160,925.11 (see order for breakdown). The Judgment shall bear interest at the rate prescribed by 28 U.S.C. § 1961. After entry of Judgment, the Clerk is directed to CLOSE THIS CASE. Signed by Judge Virginia M. Hernandez Covington on 8/25/2017. (AWM)

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

Case No. 8:17-cv-776-T-33TGW

TFP TAX & FINANCIAL SERVICES, LLC,
and GREGORY C. WASHINGTON, II,
Defendants.
________________________________/
ORDER
This cause is before the Court pursuant to Plaintiff
First

Home

Bank’s

Motion

for

Default

Final

Judgment

(Doc. # 23), which was filed on August 18, 2017. In the
Motion, First Home Bank requests a default final judgment
against Defendant TFP Tax & Financial Services, LLC in the
amount of $160,670.70 as of August 16, 2017, plus interest of
$28.27 per day, pursuant to Rule 55(b)(2) of the Federal Rules
of Civil Procedure. For the reasons stated at the hearing
held on August 24, 2017, and the reasons that follow, the
Court grants the Motion to the extent that it directs the
Clerk to enter a Judgment in favor of First Home Bank in the
total amount of $160,925.11.
I.

Legal Standard
Federal Rule of Civil Procedure 55(a) sets forth the
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following regarding an entry of default:
(a) Entering a Default. 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. Id.
II.

Analysis
First Home Bank filed a complaint on April 3, 2017

against TFP Tax and Washington. (Doc. # 1). TFP Tax was
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properly served on April 19, 2017, and proof of service was
filed with the Court on May 16, 2017. (Doc. # 11). Proof of
service has never been filed as to Washington, despite an
extension of time for service being granted. (Doc. # 19). On
August 8, 2017, the Court ordered the Clerk to terminate this
action as to Washington for failure to file proof of service.
(Doc. # 21). On August 9, 2017, it was so terminated.
TFP Tax failed to file an answer or responsive pleading
by May 10, 2017, which was the time allowed by Federal Rule
of Civil Procedure 12. First Home Bank applied for an entry
of default as to TFP Tax on May 16, 2017. (Doc. # 12). The
Clerk entered that default on May 17, 2017. (Doc. # 13).
Based upon the Clerk’s Default and the well-pled factual
allegations contained in the Complaint, First Home Bank has
established that TFP Tax has defaulted on a promissory note
with an original principal amount of $150,000.00. And, based
on the evidentiary hearing held on August 24, 2017, and the
affidavits and their attachments provided by First Home Bank,
the Court finds sufficient evidence in the record to calculate
damages as follows:
− unpaid principal of $147,394.98,
− prejudgment interest of $7,998.71 from November 1, 2016

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to August 25, 2017,
− late fees of $768.83,
− attorneys’ fees of $3,800.00, and
− costs of $962.59,
for a total debt of $160,925.11.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

First Home Bank’s Motion for Entry of Default Final
Judgment (Doc. # 23) is GRANTED.

(2)

First Home Bank shall tender the original promissory
note to the Clerk.

(3)

Upon receipt of the original Promissory Note, the Clerk
is directed to enter judgment for First Home Bank against
TFP Tax & Financial Services, LLC on Count I in the
amount of $160,925.11 (consisting of the above-described
sums). The Judgment shall bear interest at the rate
prescribed by 28 U.S.C. § 1961.

(3)

After

entry

of

Judgment,

CLOSE THIS CASE.

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the

Clerk

is

directed

to

DONE and ORDERED in Chambers in Tampa, Florida, this
25th day of August, 2017.

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