United States of America v. Athan

Middle District of Florida, flmd-8:2016-cv-02958

ORDER: Plaintiff's Motion for Summary Judgment and Award of Attorney's Fees and Costs {{12}} and Plaintiff's Amended Motion for Entry of Default Final Judgment of Foreclosure {{13}} are denied without prejudice. Plaintiff is directed to file an appropriate motion in accordance with the directives listed herein within fourteen (14) days of this Order. Signed by Judge James S. Moody, Jr. on 3/22/2017. (LN)

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PageID 44 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA, Plaintiff, v. Case No: 8:16-cv-2958-T-30JSS WILLIAM ATHAN, Defendant. ORDER THIS CAUSE comes before the Court upon Plaintiff's Motion for Summary Judgment and Award of Attorney's Fees and Costs (Dkt. #12) and Plaintiff's Amended Motion for Entry of Default Final Judgment of Foreclosure (Dkt. #13). Upon review and consideration, the Court determines that Plaintiff needs to file a motion for entry of final judgment of foreclosure that points to the record evidence establishing the appropriateness of foreclosure under these circumstances, that explains the court's jurisdiction, that contains a memorandum of law discussing the legal basis for foreclosing under these circumstances, that discusses whether any homestead exemption issue exists to preclude foreclosure, and that addresses whether the subject property is owned by anyone else who may have an interest in the property. The motion must also attach a proposed final judgment of foreclosure that contains all of the foreclosure details as required under Florida law. Accordingly, it is ORDERED AND ADJUDGED that: PageID 45 1. Plaintiff's Motion for Summary Judgment and Award of Attorney's Fees and Costs (Dkt. #12) and Plaintiff's Amended Motion for Entry of Default Final Judgment of Foreclosure (Dkt. #13) are denied without prejudice. 2. Plaintiff is directed to file an appropriate motion in accordance with the directives listed herein within fourteen (14) days of this Order. DONE and ORDERED in Tampa, Florida, this 22nd day of March, 2017. Copies furnished to: Counsel/Parties of Record 2