Southern-Owners Insurance Company v. Park Place at Winter Garden, LLC

United States District Court for the Middle District of Florida

Southern-Owners Insurance Company v. Park Place at Winter Garden, LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

SOUTHERN-OWNERS INSURANCE COMPANY,

Plaintiff,

v. Case No: 6:25-cv-546-WWB-LHP

PARK PLACE AT WINTER GARDEN, LLC and PARK PLACE AT WINTER GARDEN HOMEOWNERS ASSOCIATION, INC.,

Defendants

ORDER Before the Court is Southern-Owners Insurance Company’s Amended Motion for Entry of Clerk’s Default Against Park Place at Winter Garden, LLC. Doc. No. 17. No timely responses to the motion were filed. Local Rule 3.01(c). However, although Plaintiff attaches an affidavit of service to the motion, that affidavit reflects service related to “Park Place at Winter Garden, Inc.” rather than “Park Place at Winter Garden, LLC.” Doc. No. 17-1, at 5. Plaintiff provides no explanation for this discrepancy in the motion. Doc. No. 17. Accordingly, the motion (Doc. No. 17) is DENIED without prejudice. See generally United States v. Donald, No. 3:09-cv-147-J-32HTS,

2009 WL 1810357

, at *1 (M.D. Fla. June 24, 2009) (before a Clerk’s default can be entered against a defendant, the Court must determine that the defendant was properly served). Plaintiff shall file a renewed motion within fourteen (14) days of the date of this Order, which may be supported by an amended return of service. DONE and ORDERED in Orlando, Florida on May 28, 2025.

[ inlay ie ayn Kica LESLIE 3 AN PRICE UNITED STATES MAGISTRATE JUDGE

Copies furnished to: Counsel of Record Unrepresented Parties

Reference

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