First Home Bank v. Mojo Sports LLC et al

Filing 16

ORDER granting 14 --motion for a default judgment; directing First Home Bank to submit an affidavit by 10/27/2017; denying as moot 12 --motion for default judgment. Signed by Judge Steven D. Merryday on 10/20/2017. (BK)

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

CASE NO. 8:17-cv-1775-T-23TGW

MOJO SPORTS LLC and
RANDALL WADE BREWER,
Defendants.
____________________________________/

ORDER
In December 2015 First Home Bank lent $350,000 to Mojo Sports, and
Randall Wade Brewer guaranteed the loan. In July 2017 Mojo Sports defaulted,
Brewer failed to pay the debt, and First Home Bank accelerated the balance of the
loan. First Home Bank sues (Doc. 1) Mojo Sports for breach of the promissory note
and sues Brewer for breach of the guaranty. In accord with Section 702.015, Florida
Statutes, First Home Bank remitted the promissory note to the clerk. On
September 6, 2017, the clerk entered a default (Docs. 10 and 11) against each
defendant. First Home Bank moves (Doc. 14) for a default judgment against Mojo
Sports.
By defaulting, a defendant admits a well-pleaded fact. Nishimatsu Const. Co. v.
Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975). Mojo Sports admits
borrowing the money, Brewer admits guaranteeing the debt, and both defendants

admit failing to pay the debt. (Doc. 1 at 2–12) The promissory note permits
acceleration. (Doc. 1-1 at 3) Because the well-pleaded facts show Mojo Sports’
breach of the promissory note, the motion (Doc. 14) for a default judgment is
GRANTED. No later than OCTOBER 27, 2017, First Home Bank must submit an
affidavit that displays the total (including interest) owed by Mojo Sports.* If First
Home Bank intends that the judgment include the interest that accrues between the
submission of the affidavit and the entry of judgment, the affidavit must display the
daily rate of pre-judgment accrual. After First Home Bank submits the affidavit, an
order will direct the clerk to enter judgment and to cancel the promissory note. The
duplicative motion (Doc. 12) for a default judgment against Mojo Sports is DENIED
AS MOOT.
ORDERED in Tampa, Florida, on October 20, 2017.

*

Also, First Home Bank submits a suggestion of Brewer’s bankruptcy (Doc. 15) and observes
that 11 U.S.C. § 362 likely automatically stays the claims against Brewer. Section 362 prohibits
continuing an action that “was or could have been commenced before the” beginning of the
bankruptcy action. Although Brewer petitioned for bankruptcy on August 16, 2017 (several weeks
after First Home Bank demanded that Brewer satisfy the guaranty), neither a motion for leave to
amend the complaint to omit the claims against Brewer nor a motion to stay the claims against
Brewer appears.

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