EUGENE
v.
GOODLEAP, LLC
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In this civil action, the District Court adopted a Magistrate Judge's recommendation and granted Modern Concepts Construction, LLC's motion to quash service of process and set aside a default final judgment. The court found that service of process was defective and therefore the default judgment entered against the defendant was void. The case was reopened and the plaintiff was given until April 1, 2024 to properly serve the defendant.
The court granted Modern Concepts Construction, LLC's amended motion to quash service of process and set aside the default final judgment as void. The default entry and final judgment as to Modern Concepts Construction, LLC were vacated, and the case was reopened with instructions that the plaintiff must properly perfect service by April 1, 2024, or face dismissal without prejudice.
[1] A court may adopt a magistrate judge's report and recommendation when no timely objections are filed.
[2] A court may conduct a de novo review of a magistrate judge's report and recommendation even if no objections are filed.
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Join FLexlaw to unlock all legal intelligencePlaintiff Edwidg Eugene filed suit against Modern Concepts Construction, LLC, Modern Concepts Solar and Roofing, Inc., and Goodleap LLC. A default jud…
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MAGISTRATE JUDGE [DE 55]; GRANTING DEFENDANT MODERN CONCEPT CONTRUCTIONS, LLC's AMENDED MOTION TO QUASH SERVICE OF PROCESS OR SET ASIDE DEFAULT FINAL JUDGMENT [DE 50]
THIS CAUSE is before the Court upon Defendant Modern Concepts Construction, LLC's Amended Motion to Quash Service of Process or Set Aside Default Final Judgment [DE 50] and the March 1, 2024 Report and Recommendation to District Judge, entered by Magistrate Judge Panayotta Augustin-Birch (the “Report”) [DE 55]. The Court notes that no objections to the Report [DE 55] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge's factual findings in the Report [DE 55] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F. 2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F. 2d 1144, 1149 (11th Cir. 1993).
Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 55] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge's analysis and conclusions.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Report [DE 55] is hereby ADOPTED and APPROVED.
2. Defendant Modern Concepts Construction, LLC's Amended Motion to Quash Service of Process or Set Aside Default Final Judgment [DE 50] is hereby GRANTED.
3. The final default judgment [DE 84] is hereby SET ASIDE AS VOID as to Defendant Modern Concepts Construction, LLC ONLY.
4. The Clerk's Entry of Default as to Defendant Modern Concepts Construction, LLC [DE 27] is hereby VACATED.
5. The Clerk is DIRECTED to RE-OPEN this case.
6. Plaintiff shall properly perfect service on Defendant Modern Concepts Construction, LLC on or before April 1, 2024. Failure to do so will result in immediate dismissal of this action without prejudice as to Defendant Modern Concepts Construction, LLC.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 18th day of March 2024.
WILLIAM P. DIMITROULEAS
United States District Judge
Copies to: Counsel of Record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- LoCONTE v. Dugger, 847 F.2d 745 (11th Cir. 1988)
- LoConte v. Dugger, 488 U.S. 958 (U.S. 1988)