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Filing # 139948508 E-Filed 12/08/2021 12:01:35 PM
IN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT,
IN AND FOR LEON COUNTY, FLORIDA
ROBERT E GRIMES,
CAROLYN E GRIMES
Plaintiffs CASE NO. 2021 CA 001244
Vv.
TERRY HAYWARD SHULER; THE
UNKNOWN SPOUSE OF TERRY
HAYWARD SHULER; UNKNOWN
TENANT 1; UNKNOWN TENANT 2;
AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH OR UNDER
ANY DEFENDANTS NAMED HEREIN
Defendants
/
MOTION FOR ENTRY OF DEFAULT JUDGMENT
Plaintiffs, ROBERT E GRIMES and CAROLYN E GRIMES, by and through the
undersigned attorney, and pursuant to Rule 1.500 (e), Fla. R. Civ. P., move for entry of a Default
Final Judgment against the Defendant and in support thereof state as follows:
1 The Defendant TERRY HAYWARD SHULER was duly served with the
Summons and Complaint as evidenced by the Return of Service which is located in the Court file.
2. Within the time required for a responsive pleading, the Defendant mailed a letter
to the Plaintiff’s attorney, but did not file anything with the Court.
3 Under such circumstances, entry of a default by the Court is proper; however, the
party against whom such default is sought must be notified of the motion for default. See EGF
Tampa Assocs. v. Edgar V. Bohlen, G.F.G.M. A.G., 532 So. 2d 1318, 1320 (Fla. 2d DCA 1988)
(holding that any paper served prior to entry of default requires that the party against whom
default is sought shall receive notice of the application for default).
4 Despite being provided with ample time in which to do so, the Defendant failed to
timely file a responsive pleading with the Court.
8 Pursuant to Rule 1.500 (e), Fla. R. Civ. P. entry of final judgment is proper at any
time after default has been entered. Silvermill Assocs. v. Coast Dental Servs., 2017 Fla. Cir.
LEXIS 4864 (Fla. 13th Cir. Ct. 2017).
9 When a default is entered against a party for failure to plead, that party has the
right to contest unliquidated damages, but no other issue. Harless v. Kuhn, 403 So. 2d 423, 425
(Fla. 1981). A default terminates the defending party's right to further defend, except to contest
the amount of unliquidated damages. Kaplan v. Morse, 870 So. 2d 934, 936 (Fla. Sth DCA
2004),
10. The Florida Rules of Civil Procedure provide that a party in default may not file
pleadings in an action, other than those pleadings as seek relief from the default. Rudner v.
Cabrera, 455 So. 2d 1093, 1096, (Fla. Sth DCA 2004). Carswell v. Bay County, 854 F.2d 454,
459 (11th Cir. 1988).
ll. Fla. R. Civ. P. 1.500(b) does not require notice of a hearing before entry of a
default judgment. Picchi v. Barnett Bank of South Florida, N.A., 521 So. 2d 1090, 1091 (Fla.
1988). Given the amount of time that has passed, absence of allegations of ultimate fact
supporting any affirmative defenses and the fact that nothing is alleged which would indicate
excusable negligence, relief is precluded if sought by Defendant via Florida Rule of Civ. P.
1.540(b). Entry of Default Judgment is therefore proper.
12. As set forth in the Certificate of Service below, Defendant is being served with a
copy of this Motion via US Mail.
13. Also being submitted in separate filings will be the following affidavits which
establish the indebtedness of the Defendant to Plaintiff, and Military Status of the Defendant, as
allowed under Rule 1.500 (e), Fla. R. Civ. P. to establish the amount of damages, and
establishing the Court’s authority to enter Default Judgment in this matter since Defendant is not
on active-duty military status:
Affidavit of Indebtedness;
Affidavit of Non-Military Service as to Defendant;
Cc. Affidavit of Attorney as to Attorney’s Fees and Costs; and
d Affidavit of Attorney’s Fees.
WHEREFORE, Plaintiff requests the following:
That this Court enter a Default Final Judgment in favor of Plaintiff and against Defendant
TERRY HAYWARD SHULER on all counts of the Complaint and for such other relief as is
deemed proper.
Dated this 8 day of December, 2021.
Respectfully submitted,
Henry Lee Miller Jr.
Henry Lee. Miller, Jr.
FL Bar #580325
2917 Falling Waters Way
Tallahassee, Florida 32309
(850) 329-2480 Phone
(850) 391-5862 Fax
1 e-mail millerhe2000@gmail.com
2 e-mail millerhe_2000@yahoo.com
Attorney for Plaintiffs
Robert E Grimes and Carolyn E Grimes
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this notice has been served in
conjunction with the aforementioned responses to Defendant via U.S. Mail at 1816 Rivers Road
Tallahassee, Florida 32305 this 8" day of December, 2021.
Henry Lee Miller Jr.
Attorney at Law
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Filing # 139948508 E-Filed 12/08/2021 12:01:35 PM IN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA ROBERT E GRIMES, CAROLYN E GRIMES Plaintiffs CASE NO. 2021 CA 001244 Vv. TERRY HAYWARD SHULER; THE UNKNOWN SPOUSE OF TERRY HAYWARD SHULER; UNKNOWN TENANT 1; UNKNOWN TENANT 2; AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH OR UNDER ANY DEFENDANTS NAMED HEREIN Defendants / MOTION FOR ENTRY OF DEFAULT JUDGMENT Plaintiffs, ROBERT E GRIMES and CAROLYN E GRIMES, by and through the undersigned attorney, and pursuant to Rule 1.500 (e), Fla. R. Civ. P., move for entry of a Default Final Judgment against the Defendant and in support thereof state as follows: 1 The Defendant TERRY HAYWARD SHULER was duly served with the Summons and Complaint as evidenced by the Return of Service which is located in the Court file. 2. Within the time required for a responsive pleading, the Defendant mailed a letter to the Plaintiff’s attorney, but did not file anything with the Court. 3 Under such circumstances, entry of a default by the Court is proper; however, the party against whom such default is sought must be notified of the motion for default. See EGF Tampa Assocs. v. Edgar V. Bohlen, G.F.G.M. A.G., 532 So. 2d 1318, 1320 (Fla. 2d DCA 1988) (holding that any paper served prior to entry of default requires that the party against whom default is sought shall receive notice of the application for default). 4 Despite being provided with ample time in which to do so, the Defendant failed to timely file a responsive pleading with the Court. 8 Pursuant to Rule 1.500 (e), Fla. R. Civ. P. entry of final judgment is proper at any time after default has been entered. Silvermill Assocs. v. Coast Dental Servs., 2017 Fla. Cir. LEXIS 4864 (Fla. 13th Cir. Ct. 2017). 9 When a default is entered against a party for failure to plead, that party has the right to contest unliquidated damages, but no other issue. Harless v. Kuhn, 403 So. 2d 423, 425 (Fla. 1981). A default terminates the defending party's right to further defend, except to contest the amount of unliquidated damages. Kaplan v. Morse, 870 So. 2d 934, 936 (Fla. Sth DCA 2004), 10. The Florida Rules of Civil Procedure provide that a party in default may not file pleadings in an action, other than those pleadings as seek relief from the default. Rudner v. Cabrera, 455 So. 2d 1093, 1096, (Fla. Sth DCA 2004). Carswell v. Bay County, 854 F.2d 454, 459 (11th Cir. 1988). ll. Fla. R. Civ. P. 1.500(b) does not require notice of a hearing before entry of a default judgment. Picchi v. Barnett Bank of South Florida, N.A., 521 So. 2d 1090, 1091 (Fla. 1988). Given the amount of time that has passed, absence of allegations of ultimate fact supporting any affirmative defenses and the fact that nothing is alleged which would indicate excusable negligence, relief is precluded if sought by Defendant via Florida Rule of Civ. P. 1.540(b). Entry of Default Judgment is therefore proper. 12. As set forth in the Certificate of Service below, Defendant is being served with a copy of this Motion via US Mail. 13. Also being submitted in separate filings will be the following affidavits which establish the indebtedness of the Defendant to Plaintiff, and Military Status of the Defendant, as allowed under Rule 1.500 (e), Fla. R. Civ. P. to establish the amount of damages, and establishing the Court’s authority to enter Default Judgment in this matter since Defendant is not on active-duty military status: Affidavit of Indebtedness; Affidavit of Non-Military Service as to Defendant; Cc. Affidavit of Attorney as to Attorney’s Fees and Costs; and d Affidavit of Attorney’s Fees. WHEREFORE, Plaintiff requests the following: That this Court enter a Default Final Judgment in favor of Plaintiff and against Defendant TERRY HAYWARD SHULER on all counts of the Complaint and for such other relief as is deemed proper. Dated this 8 day of December, 2021. Respectfully submitted, Henry Lee Miller Jr. Henry Lee. Miller, Jr. FL Bar #580325 2917 Falling Waters Way Tallahassee, Florida 32309 (850) 329-2480 Phone (850) 391-5862 Fax 1 e-mail millerhe2000@gmail.com 2 e-mail millerhe_2000@yahoo.com Attorney for Plaintiffs Robert E Grimes and Carolyn E Grimes CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this notice has been served in conjunction with the aforementioned responses to Defendant via U.S. Mail at 1816 Rivers Road Tallahassee, Florida 32305 this 8" day of December, 2021. Henry Lee Miller Jr. Attorney at Law