First Home Bank v. Jane's World, Inc. et al

Filing 17

ORDER: First Home Bank's Motion for Entry of Default Final Judgment (Doc. # 15 ) is GRANTED. First Home Bank shall tender the original promissory note to the Clerk by October 13, 2017. Upon receipt of the original Promissory Note, the Clerk is directed to enter judgment for Plaintiff First Home Bank against Defendants Jane's World, Inc., and Lori Ellen Shannon, in the amount of $335,959.25. This amount consists of outstanding principal of $323,358.28; prejudgment interest of $6,192.46 from June 27, 2017 to October 5, 2017; late fees of $794.00; inspection expenses of $480.00; attorneys' fees of $4,430.00; and collection costs of $704.51. 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 10/5/2017. (AWM)

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

Case No. 8:17-cv-1776-T-33MAP

JANE’S WORLD, INC.,
and LORI ELLEN SHANNON,
Defendants.
________________________________/
ORDER
This cause is before the Court pursuant to Plaintiff
First

Home

Bank’s

Motion

for

Default

Final

Judgment

(Doc. # 15), which was filed on September 28, 2017. In the
Motion, First Home Bank moves for entry of a default final
judgment pursuant to Rule 55(b)(2), Fed. R. Civ. P., against
Defendants Jane’s World, Inc., and

Lori Ellen Shannon in the

amount of $334,905.08 as of September 18, 2017, plus interest
of $62.01 per day. (Doc. # 15). For the reasons that follow,
the Court grants the Motion and directs the Clerk to enter a
Judgment in favor of First Home Bank in the total amount of
$335,959.25.
I.

Legal Standard
Federal Rule of Civil Procedure 55(a) sets forth the

following regarding an entry of default:

1

(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 its complaint on July 24, 2017,

against Jane’s World and Shannon for various causes of action
relating to defaults on a promissory note executed by Jane’s
2

World and on Shannon’s guarantee of that note. (Doc. # 1).
First Home Bank served the registered agent for service of
process for Jane’s World, Lori Ellen Shannon, with a summons
and copy of the complaint pursuant to Federal Rule of Civil
Procedure 4(h)(1)(B) on August 5, 2017. (Doc. # 7). At the
same time, it individually served Shannon pursuant to Rule
4(e)(2)(A). (Doc. # 8). Proof of service was filed with the
Court on August 15, 2017. (Doc. ## 7, 8).
Defendants had twenty-one days from the day they were
served to file a responsive pleading. Fed. R. Civ. P. 12(a).
Neither Defendant filed a responsive pleading within that
period, which ended August 28, 2017. First Home Bank applied
for an entry of default as to both Defendants on August 31,
2017. (Doc. ## 9, 10). The Clerk entered default as to both
Defendants on September 1, 2017. (Doc. ## 11, 12).
On September 28, 2017, First Home Bank filed the Motion
for

Default

Judgement,

seeking

unpaid

principal

of

$323,358.28; prejudgment interest of $5,138.29 from June 27,
2017 to September 18, 2017, presently accumulating interest
at $62.01 per day; late fees of $794.00; inspection expenses
of

$480.00;

$704.51.
September

attorneys’

The
18,

total
2017,

fees

amount
plus

of

$4,430.00;

sought

is

interest
3

and

costs

$334,905.08,
of

$62.01

per

as

of
of

day.

(Doc. # 15).
Based on the Clerk’s Defaults (Doc. ## 11, 12) and the
well-pled

factual

allegations

contained

in

the

Complaint

(Doc. # 1), First Home Bank has established that it is
entitled to the amount sought. It established that Jane’s
World defaulted on a promissory note – Loan Number 8404205006,
originally

in

the

amount

of

$350,000.00

–

and

Shannon

defaulted as guarantor of that note, both by failing to pay
the installment payment due on the Note on June 1, 2017, and
by providing notice to the public of Jane’s World’s intention
to go out of business and liquidate the collateral on the
Note.

The

amount

sought

is

described

in

detail

by

the

affidavits in support of the Motion for Final Default Judgment
and their attachments. (Doc. # 16, 16-1, 16-2, 16-3). The
Court notes that the First Home Bank is entitled to the fees
and costs requested pursuant to the Note (Doc. # 1-2) and
that the attorneys’ fees being sought are fair, reasonable,
and necessary. The Court further determines that a hearing on
this matter is not needed because the amounts due are capable
of

accurate

and

ready

mathematical

ascertainment.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
4

computation

or

1.

First Home Bank’s Motion for Entry of Default Final
Judgment (Doc. # 15) is GRANTED.

2.

First Home Bank shall tender the original promissory
note to the Clerk by October 13, 2017.

3.

Upon receipt of the original Promissory Note, the Clerk
is directed to enter judgment for Plaintiff First Home
Bank against Defendants Jane’s World, Inc., and Lori
Ellen Shannon, in the amount of $335,959.25. This amount
consists

of

outstanding

principal

of

$323,358.28;

prejudgment interest of $6,192.46 from June 27, 2017 to
October

5,

2017;

late

fees

of

$794.00;

inspection

expenses of $480.00; attorneys’ fees of $4,430.00; and
collection costs of $704.51. The Judgment shall bear
interest at the rate prescribed by 28 U.S.C. § 1961.
4.

After

entry

of

Judgment,

the

Clerk

is

directed

to

CLOSE THIS CASE.
DONE and ORDERED in Chambers in Tampa, Florida, this 5th
day of October, 2017.

5