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IN THE CIRCUIT COURT, [circNum] JUDICIAL CIRCUIT,

IN AND FOR [county] COUNTY, FLORIDA

[plfName]	)
Plaintiff,	)
)
v.	)	Case No (LT):	[caseNo]
)	Division:	[caseDiv]
[defName]	)
Defendant,	)

MOTION FOR FINAL JUDGMENT AFTER DEFAULT

Plaintiff, [plfName], on this [d] day of [MMM] [YYYY], hereby moves this Honorable Court - pursuant to Rule 1.500(e) Fla. R. Civ. P. - to enter Final Judgment upon Default against Defendant, [defName].

Key Points:

Points	failure to answer

Grounds	default entered

Table of Contents:

Context	2nd Page
Motion	3rd Page
Certificates	9th Page
Exhibits	10th Page

Background:	Plaintiff served Defendant with this lawsuit

Problem:	Defendant failed to answer

Request:	Court enters Default Final Judgment against Defendant

Rule 1.500(e) | Fla. R. Civ. P. | Defaults and Final Judgments Thereon

“(e) Final Judgment. Final judgments after default may be entered by the court at any time... If it is necessary to take an account or to determine the amount of damages ... the court may receive affidavits, make references, or conduct hearings as it deems necessary and must accord a right of trial by jury to the parties when required by the Constitution or any statute.”

Art. I §22 | FL Constitution | Trial by Jury | (highlights added)

“The right of trial by jury shall be secure to all and remain inviolate. The qualifications and the number of jurors, not fewer than six, shall be fixed by law.”

Precedence

2013-CA-009121-XXXX	- CV-B (6/19/15)

2018-CA-005026-XXXX	- CV-B (2/12/19)

2019-CA-004606-XXXX	- CV-B (7/8/20)

Duval regularly grants motions for default final judgment

Abbreviations

1DCA	-	Florida’s First District Court of Appeals
4DCA	-	Florida’s Fourth District Court of Appeals
5DCA	-	Florida’s Fifth District Court of Appeals
AG	-	Attorney General (Florida)

MOTION

Relevant History

On [MMM1] [D1], [YYYY1], Plaintiff sued Defendant under state and federal law.

On [MMM2] [D2], [YYYY2], a process server duly served Defendant (please see Exhibit A) (§48.031(6)(a) FS, §48.21(1) FS).

[NN] days later – on [MMM3] [D3], [YYYY3] – Plaintiff moved the Honorable [clerkName], Clerk of the Circuit Court, for entry of default.

On [MMM4] [D4], [YYYY4], this Court’s Honorable Clerk obliged; and entered default against Defendant (Rule 1.500(a) Fla. R. Civ. P.) (Exhibit B).

Analysis

Based on Rule 1.140(a) Fla. R. Civ. P., Defendant had twenty (20) days to file an answer. And pursuant to Rule 2.514(a)(1) Fla. R. Jud. Admin., that twenty (20) day window closed on [MMM5] [D5], [YYYY5].

Yet, [MMM5] [D5]th came & went without Defendant ever filing an answer. Moreover, Defendant never sent Plaintiff any communications expressing Defendant’s intent to contest the charges.

As such, Defendant failed to file (or serve upon Plaintiff) any answer/pleading/paper - as required by law – prior to the entry of default.

Plus, as inferred from the Complaint, Defendant is an adult [male/female] devoid of incompetence or military servitude1/ (see Exhibit C).

Thus, Defendant must relinquish any appellate dreams of ‘excusable neglect’, ‘improper service’, or ‘statutory exception’.

This is especially the case since Defendant (a) failed to file anything prior to entry of default; and (b) failed to answer Plaintiff’s complaint.

[point001]

[point002]

[point003]

Argument in Favor of Default Final Judgment

Rule 1.500(c) Fla. R. Civ. P. states that a defendant’s pleadings must be filed before default (highlights added):

“(c) Right to Plead. A party may plead or otherwise defend at any time before default is entered.”

According to Florida’s Supreme Court, rulemakers ‘say what they mean and mean what they say’:

“One of the most fundamental tenets of statutory construction requires that we give statutory language its plain and ordinary meaning, unless the words are defined in the statute or by the clear intent of the legislature.”

Green v State, 604 So. 2d 471 (Fla. 1992)

The “plain & ordinary” meaning of Rule 1.500(c) requires pleadings before default.

Rule 1.500(e) Fla. R. Civ. P. authorizes Final Judgment after Default:

“(e) Final Judgment. Final judgments after default may be entered by the court at any time...”

Therefore, Defendant’s failure to answer Plaintiff’s complaint (before default was entered) is the statutory reason for entry of Final Judgment.

Pursuant to 1DCA’s opinion in Freeman, all facts in Plaintiff’s complaint are established and admitted:

“A defendant against whom a default is entered admits only the well-pleaded facts and acquiesces only in the relief specifically prayed for.”

Freeman v Freeman, 447 So. 2d 963 (Fla. 1st DCA 1984)

Argument in Favor of a Hearing on Damages

Thus, with liability confirmed, the only thing left is a determination of damages. This calculation – as 4DCA decided - requires a hearing:

“Even after obtaining a default against State Farm [the case proceeded], and State Farm was served with a series of motions and the court's notice of a calendar call, requiring a pretrial statement to be filed.”

“A jury trial was held, at which State Farm failed to appear. The verdict asked the jury to determine only the amount of damages sustained”

State Farm v Horkheimer, 814 So. 2d 1069 (Fla. 4th DCA 2001)

In the instant case, a hearing on damages is also necessary because Plaintiff’s complaint did not foretell the precise monetary/declaratory/injunctive relief sought. According to 5DCA, Plaintiff’s damages are “unliquidated” (highlights added):

“A default also admits the plaintiff's entitlement to liquidated damages due under the pleaded cause of action, but not unliquidated damages.”

“damages are not liquidated if the ascertainment of their exact sum requires the taking of testimony to ascertain facts upon which to base a value judgment.”

“...”

“notice of trial or final hearing after default has been entered is required if the damages are "not liquidated."”

Bowman v Kingsland, 432 So. 2d 660 (Fla. 5th DCA 1983)

Nature of Relief Sought

Plaintiff avers that the foregoing presents a compelling (ie, entry of default) and important (ie, failure to answer) reason for Final Judgment and a Hearing on Damages.

CONCLUSION

WHEREFORE, Plaintiff respectfully asks this Honorable Court to enter an Order which:

Grants Plaintiff final judgment against Defendant for culpability;

Grants Plaintiff declaratory judgment (§86 FS);

Grants Plaintiff a hearing to determine damages and costs; and

Grants Plaintiff any other & further relief that is just, equitable, and proper.

Dated this [D] day of [MMMM] [YYYY].

Respectfully submitted,

/s/ [plfName]

[plfName], Plaintiff

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

CERTIFICATE OF COMPLIANCE

I certify that the size and style of type used in this document is Times New Roman 14-point Font (caption) and Courier New 12-point Font (contents); thus complying with the font requirements of Rule 9.210(a)(2) Fla. R. App. P.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [D] day of [MMMM] [YYYY], I electronically filed the foregoing by using the Florida Courts E-filing Portal. Also, considering [defName]’s default status, I mailed the ‘Default’ to him via [USPS/UPS/Fedex].

/s/ [plfName]

Endnotes:

1/ Based on government records, Defendant is not in any branch of the United States military. Therefore, he is not subject to the protections of The Servicemember’s Civil Relief Act (SCRA) (please see Exhibit C).

How-To Guide: (interactive)

TextBookDiscrimination.com/Guides/Motions/DefaultJudgment.html

EXHIBIT A

Return of Service

Florida

In the Circuit Court, 4th Judicial Circuit, Duval County

[caseNo]

[plfShrtNm] v [defShrtNm]

Doc No [XX]

[MX]/[DX]/[YYYYX]

EXHIBIT B

Default Entry

Florida

In the Circuit Court, 4th Judicial Circuit, Duval County

[caseNo]

[plfShrtNm] v [defShrtNm]

EXHIBIT C

Affidavit of Non-Military Service

([defName])

Source: US Department of Defense

[MX]/[DX]/[YYYYX]

EXHIBIT D

Mail

(Clerk’s Default)

Mailed To: Defendant

Mailed By: Plaintiff

[M]/[D]/[YYYY]

Rule 2.516(b)(2)(B)(2)

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