Very occasionally, it as appropriate to file a Motion to Strike a pleading as Sham.  See Rules 1.140 and 1.150.  The Rules seem to pertain to 'redundant, immaterial, impertinent, or scandalous matter.'  However, I used such motions on several occasions where claims were brought against my clients personally, though their actions had occurred in their corporate roles.  Rule 1.150 and most Judges require such motions to be verified.  A sample motion is set forth below:

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA

CASE NO.:  05-2007-CA-0xxxx-XXXX-XX

KARLA SCHAFFER,

            Plaintiff,

vs.

CLAYTON MANNING and  TECH

BUILDERS, INC.

Defendants.

___________________________________/

VERIFIED MOTION TO STRIKE AS SHAM

            COMES NOW CLAYTON MANNING, by and through his undersigned counsel, and pursuant to Fla.R.Civ.P. 1.150, moves to strike Plaintiff’s Complaint against him individually as Sham, and in support thereof states:

1.         Plaintiff has filed suit against Defendant  TECH BUILDERS, INC., as well as CLAYTON MANNING, an officer thereof, for the breach of an oral contract and unjust enrichment.

2.         The contract, if any, was entered into by Defendant CLAYTON MANNING in his representative capacity, as an officer of Defendant  TECH BUILDERS, INC.

3.         Performance was made by and/or attempted by Defendant  TECH BUILDERS, INC.

4.         The invoice for work performed was sent by Defendant  TECH BUILDERS, INC. to SCOTT LASTNAME.  Defendant’s Exhibit “1”.   

4.         Payment was made to Defendant  TECH BUILDERS, INC., as evidenced by:

a)         Defendant  TECH BUILDERS, INC.’s accounts receivable.  Defendant’s Exhibit “2”. 

b)         Defendant  TECH BUILDERS, INC.’s bank statements.  Defendant’s Exhibit “3”. 

5.         Further, the materials used were purchased on account by Defendant  TECH BUILDERS, INC.  Defendant’s Exhibit “4”. 

6.         As such, Plaintiff has failed to allege any basis for personal liability, to pierce the corporate veil, the corporate shield, or to otherwise hold Defendant Clayton MANNING personally liable for acts performed while working in his capacity as an officer of Defendant Corporation.

WHEREFORE, Defendant CLAYTON MANNING respectfully requests that Plaintiff’s Complaint be stricken insofar as it seeks to assert personal liability without alleging a basis for such an assertion.

JURY TRIAL DEMANDED ON ALL MATTERS SO TRIABLE

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via U.S. Mail this 26^th day of March, 2008 to Allan P. Whitehead, Frese, Hansen, Anderson, Anderson, Heuston & Whitehead, P.A., 930 South Harbor City Boulevard, Suite 505, Melbourne, FL  32901.

                                                                By:   _________________________________________

                                                                        Michael B. Lesage

                                                            815 South Washington Ave

                                                                        Titusville, FL 32780

                                                                        321-269-6833                                                                                                                                     Florida Bar No.:  0028035

                                                                        Attorney for the Defendants

Page 2

VERIFICATION

     I, CLAYTON MANNING, individually, and as President of  TECH BUILDERS, INC., Defendants in the above action, hereby depose and state that I have read the contents of the foregoing Verified Motion To Strike As Sham, and that the statements contained therein are true to the best of my knowledge.    

 TECH BUILDERS, INC.,      

                                                                                   

By:  ________________________________

                                                                                    Name:  Clayton MANNING_ _______________

                                                                                    Its:  President_________________________

                                                    

_____________________________

Clayton MANNING

STATE OF FLORIDA

COUNTY OF BREVARD

           

            Sworn to and subscribed before me this _______ day of March, 2008, by Clayton MANNING, individually, and as President of  TECH BUILDERS, INC.,

q      personally known to me.

q                                                                    produced a current driver’s license as identification or who produced _____________________________ as identification.

{Notary Seal must be affixed}

Signature of Notary

Name of Notary (Typed, Printed or Stamped)

Commission Number (if not legible on seal):________________

My Commission Expires (if not legible on seal):

Motions to Dismiss

THE FOLLOWING IS FOR EDUCATIONAL PURPOSES ONLY - NO LAWYER CLIENT RELATIONSHIP EXISTS UNTIL I ACKNOWLEDGE IT IN WRITING AND I HAVE RECEIVED THE AGREED UPON RETAINER

Once a complaint has been filed, it is highly likely the Defense will file a motion to dismiss.  Motions to Dismiss essentially test whether the pleadings (complaint) are legally sufficient, and set forth a recognized cause of action in accordance with the Court Rules.  Most of the Rules governing a Motion to Dismiss are set forth by Fla.R.Civ.P. 1.140(b).  However, in a nutshell, the most common reasons a motion to dismiss are filed are the following:

1)  The Plaintiff has failed to attach necessary documents, i.e. the contract they are suing on, in violation of Fla.R.Civ.P. 1.130.  (Hence the complaint fails to state a cause of action).
2)  The Plaintiff has failed to state a cause of action, i.e. each cause of action has a number of required elements and the Plaintiff has failed to plead one or more of them.
3)  The Plaintiff alleges in his complaint allegations at odds with, and contradicted by, the documents he attaches.
4)  The Court lacks jurisdiction over the person or subject matter.
5)  Less commonly, motions to dismiss are filed based on lack of prosecution, improper service, failure to join a necessary party.

Generally, when the Court grants a motion to dismiss, the Plaintiff is given several further opportunities to amend their complaint, so the primary benefit of filing one is largely tactical.

A sample motion is set forth below:

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA

CASE NO.:  05-2008-CA-0XXXX-XXXX-XX

HEFFER RENTAL, INC.,

a Florida corporation,

            Plaintiff,

vs.

GREEN GRASS MULCH, FENCE & SOD,

INC., a Florida corporation,

Defendant.

___________________________________/

MOTION TO DISMISS

COMES NOW Defendant, GREEN GRASS MULCH, FENCE & SOD, INC., a Florida corporation, by and through its undersigned counsel, and pursuant to Fla.R.Civ.P. 1.140(b) and 1.130, hereby moves this Court to dismiss the complaint filed by Plaintiff for failure to state a cause of action, and in support thereof states as follows:

1.         Plaintiff alleges that Defendant executed an Application for Credit with Plaintiff, on or about April 17, 2007.  (Plaintiff’s Complaint, paragraph 4).  The Application for Credit is attached to the Complaint as Exhibit 1.

2.         Thereafter, Plaintiff alleges that it furnished equipment to Defendant, which was damaged while in Defendant’s care, and for which Defendant is liable.  (Plaintiff’s Complaint, paragraphs 5, 6 and 12).

3.         In support thereof, Plaintiff cites to Exhibit 1, the Application for Credit, which lists BOB DOE, a principal of Defendant, as the only authorized renter on Defendants account.

4.         However, Exhibit 2 shows that SCOTT LASTNAME signed for the equipment in question.  As noted on the Application for Credit, SCOTT LASTNAME is not an authorized renter on Defendant’s account.

5.         It is well settled that

“[a]ny exhibit attached to a pleading shall be considered a part thereof for all purposes,” Florida Rule of Civil Procedure 1.130(b), and that “[i]f an attached document negates the pleader's cause of action ... the plain language of the document will control and may be the basis for a motion to dismiss.” Health Application Sys., Inc. v. Hartford Life & Accident Ins. Co., 381 So.2d 294, 297 (Fla. 1^st DCA 1980); accord Ginsberg v. Lennar Fla. Holdings, Inc., 645 So.2d 490 (Fla. 3^rd DCA 1994), cited in

Florida Farm Bureau General Ins. Co. v. Insurance Co. of North America, 763 So.2d 429 (Fla. 5^th DCA 2000).  See also  Fladell v. Palm Beach County Canvassing Bd., 772 So.2d 1240 (Fla. 2000)

6.                  In this instance, Exhibit 2 to the Complaint indicates that the equipment in question was rented to SCOTT LASTNAME.  Exhibit 1 indicates SCOTT LASTNAME was not authorized to rent equipment on Defendant’s account.  Accordingly, Plaintiff has failed to set forth a cause of action against Defendant.

WHEREFORE, Defendant respectfully requests that this Court grant this Motion, Dismiss Plaintiff’s Complaint and award Defendant costs and attorney’s fees, pursuant to the application for credit and F.S.A. 57.105.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the Motion to Dismiss was furnished to MARK LAWYER, Esq., 2 Kennedy Road, Tampa, FL 33602 on this 19^th day of January, 2009. 

     By:   _________________________________________

                                                                        Michael B. Lesage

                                                            815 South Washington Ave

                                                                        Titusville, FL 32780

                                                                        321-269-6833                                                                                                                                        

                                                                        Florida Bar No.:  00xxxx

                                                                        Attorney for the Defendant

Motion for Relief from Default

THE FOLLOWING IS FOR EDUCATIONAL PURPOSES ONLY.  NO LAWYER CLIENT RELATIONSHIP EXISTS UNTIL I ACKNOWLEDGE IT IN WRITING AND HAVE RECEIVED THE AGREED UPON RETAINER.

If you respond too slowly to a complaint, you are likely to be defaulted.  That means you don't have to get notice of anything else happening in the case and that a judgment will be entered against you without you having a chance to argue your case.  If you want to contest the case, the first step is to obtain relief from the default.  I've included a sample motion below.

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA

CASE NO.:  05-2007-CA-0XXXX-XXXX-XX

KARLA LASTNAME,

            Plaintiff,

vs.

CLAYTON SURNAME and JOHN DOE

BUILDERS, INC.

Defendants.

___________________________________/

VERIFIED MOTION FOR RELIEF OF DEFAULT JUDGMENT

COME NOW the Defendant, JOHN DOE BUILDERS, INC., by and through its undersigned counsel, and pursuant to Fla.R.Civ.P. 1.540(b), moves for relief from the Default Judgment entered, and in support thereof states:

1.         Apparently, service was effected on Defendants on March 23, 2007, such that responsive pleadings were due by April 12, 2007. 

2.         A responsive pleading was served by Defendant CLAYTON SURNAME, on his own behalf and on behalf of Defendant JOHN DOE BUILDERS, INC.  That response is attached hereto as Defendant’s Exhibit “1”. 

3.         That responsive pleading indicates the presence of a real case or controversy as to what Defendant corporation was contracted to do.

4.         At the time that response was made, CLAYTON SURNAME was unaware or mistaken as to his ability to respond on behalf of Defendant Corporation.

5.         Plaintiff, aware that CLAYTON SURNAME was not a licensed attorney, and was acting pro se, properly moved to strike Defendant’s pleading.

6.         A Default was subsequently entered on June 15, 2007 against Defendant JOHN DOE BUILDERS, INC.

7.         On or around that time, Defendant CLAYTON SURNAME submitted the claim to his insurance carrier, Mid-Continent Casualty Company, as indicated by Defendant’s Exhibit “2”. 

8.         Ultimately, Mid-Continent Casualty Company denied coverage.  Subsequently, Defendant CLAYTON SURNAME retained Michael B. Lesage, Esq. to defend this action.

9.         The facts alleged in CLAYTON SURNAME’S response, as well as his proposed Amended Answer, indicate the presence of a real case or controversy and illustrate that Defendant may assert a meritorious defense in this action, such that the action should be tried on the merits.  Country Clubs of Sarasota, Ltd. v. Zaun Equipment, Inc., 350 So.2d 539 (Fla. 1^st DCA 1977).

10.       The above facts illustrate that the failure of Defendant Corporation to Answer was the result of mistake, inadvertence or excusable neglect.  Moreover, Defendant Corporation has a meritorious defense. 

11.       Finally, Defendant Corporation, in learning of the Default, acted properly by notifying its insurance carrier.  When it became clear that the insurance would not provide a defense, Defendants retained counsel.

12.       There is a strong preference for lawsuits to be determined on the merits, and Courts should liberally set aside Defaults under appropriate circumstances.  Geer v. Jacobsen, 880 So.2d 717 (Fla. 2^nd DCA 2004), on subsequent appeal 910 So.2d 391.

            WHEREFORE, Defendants request Relief from Default, such that this case may be determined on the merits.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via U.S. Mail this ______ day of March, 2008 to Allan P. Lawyer, 9 City Boulevard, Suite 505, Melbourne, FL  32935.

                                                                By:   _________________________________________

                                                                        Michael B. Lesage

                                                            815 South Washington Ave

                                                                        Titusville, FL 32780

                                                                        321-269-6833                                                                                                                                     Florida Bar No.:  00XXXX

                                                                        Attorney for the Defendants

VERIFICATION

     I, CLAYTON SURNAME, individually, and as President of JOHN DOE BUILDERS, INC., Defendants in the above action, hereby depose and state that I have read the contents of the foregoing Verified Motion For Relief of Default Judgment, and that the statements contained therein are true to the best of my knowledge.    

JOHN DOE BUILDERS, INC.,         

                                                                                   

By:  ________________________________

                                                                                    Name:  Clayton SURNAME_ _______________

                                                                                    Its:  President_________________________

                                                    

_____________________________

Clayton SURNAME

STATE OF FLORIDA

COUNTY OF BREVARD

           

            Sworn to and subscribed before me this _______ day of March, 2008, by Clayton SURNAME, individually, and as President of JOHN DOE BUILDERS, INC.,

q      personally known to me.

q                                                                    produced a current driver’s license as identification or who produced _____________________________ as identification.

{Notary Seal must be affixed}

Signature of Notary

Name of Notary (Typed, Printed or Stamped)

Commission Number (if not legible on seal):________________

My Commission Expires (if not legible on seal):

div sI � = b �� � � e;border-top:solid black 1.0pt;mso-border-top-alt:solid black .5pt; padding:0in 0in 0in 0in;margin-left:2.45in;margin-right:0in'>

Name of Notary (Typed, Printed or Stamped)

Commission Number (if not legible on seal):________________

My Commission Expires (if not legible on seal):  

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT, IN AND FOR BREVARD COUNTY, FLORIDA

CASE NO.:  05-2009-CA-026301-XXXX-XX

NONSTANDARD OIL COMPANY, INC.,

            Plaintiff,

-vs-

JOHN DOE CONSTRUCTION

            Defendant.

____________________________________/

FINAL JUDGMENT AGAINST JOHN DOE CONSTRUCTION

THIS CAUSE having come before the Court on the Plaintiff’s Motion for entry of a Final Summary Judgment of Default and Damages, and after entry of Default against Defendant, and the Court, having considered the Motion, reviewed the file, Affidavits of the Parties, and otherwise being fully advised in the premises, it is thereupon

ORDERED AND ADJUDGED:

1.         That Judgment shall be issued in favor of Plaintiff and against Defendant JOHN DOE CONSTRUCTION, with Tax Id number:  1234, in the amount of $48,128.78, with interest accruing at the statutory rate, and Plaintiff shall recover that amount from Defendant. 

2.         The address of the Plaintiff is 1 Rue Ave, Titusville, FL 32780.

3.         It is further ordered and adjudged that the judgment debtor(s) shall complete under oath Florida Rule of Civil Procedure Form 1.977 (Fact Information Sheet), including all required attachments, and serve it on the judgment creditor's attorney, within 45 days from the date of this final judgment, unless the final judgment is satisfied.

4.         Jurisdiction of this case is retained to enter further orders that are proper for Execution and/or Garnishment, and to compel the Judgment debtor to complete form 1.977, including all required attachments, and serve it on the judgment creditor's attorney.

DONE AND ORDERED in Chamber at Viera, Florida this _____ day of __________________, 2009.  LET EXECUTION ISSUE. 

                                                            __________________________________

                                                            Honorable CHARLES A. JUDGE

                                                            Circuit Court Judge

Copies furnished to

MICHAEL B. LESAGE, 815 S. Washington Ave, Titusville, FL  32780.

 DEF name and address.

Titusville

February 27, 2008

Honorable Judge Judginess

Circuit Court Judge

Titusville Historic Courthouse

506 S. Palm Avenue

Titusville, FL  32796

RE:       NONSTANDARD OIL COMPANY, INC. vs. JOHN DOE CONSTRUCTION, INC.

                        CASE NO.:  05-2008-SC-00XXXX-XXXX-XX 

Dear Judge Judginess,

     Please find enclosed my Motion for Default Judgment, an Affidavit establishing damages, and my Proposed Final Judgment.  Should the documents be incorrect or incomplete in any way, please inform me so that I may make any necessary changes.

Very Truly Yours

MICHAEL B. LESAGE, Esq.

                                                   815 S. Washington Avenue,

                                                   Titusville, FL  32780

                                                   321-269-6833

Motion For Default Judgment

THE FOLLOWING IS FOR EDUCATIONAL PURPOSES ONLY.  NO LAWYER CLIENT RELATIONSHIP IS ESTABLISHED UNTIL I ACKNOWLEDGE IT IN WRITING AND HAVE RECEIVED THE AGREED UPON RETAINER!

After a complaint has been served (by process server), you may move for a default after 20 days (Add 5 days to allow for service by mail) by submitting the following.  However, a default is often not the same as a Final Executable Judgment, so I generally filed the following:


Page 1

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA

CASE NO.:  05-2007-CA-0XXX-XXXX-XX

IRONCLAD INVESTMENTS, INC.

            Plaintiff,

vs.

ROLAND LASTNAME, SUSAN

SURNAME, and the BOARD OF

COUNTY COMMISSIONERS OF

BREVARD COUNTY, FLORIDA

Defendants.

__________________________________/

MOTION FOR DEFAULT

            Plaintiff moves for entry of a default by the clerk in this action against the Defendants ROLAND LASTNAME and SUSAN SURNAME, for failure to serve any paper on the undersigned or file any paper as required by law.

CERTIFICATE OF SERVICE

                I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Kristen Dorsey, Esq., Assistant County Attorney, Office of the Brevard County Attorney, 2725 Judge Fran Jamieson Way, Building C, Suite 308, Viera, FL  32940, Roland LASTNAME, ADDRESS, Susan SURNAME, ADDRESS by U.S. mail this 4^th day of February, 2008.

   By:   __________________________________________

                                                                        Michael B. Lesage

                                                            815 South Washington Ave

                                                                        Titusville, FL 32780

                                                                        321-269-6833                                                                                                                                            

                                                                        Florida Bar No.:  00XXXX

                                                                        Attorney for the Plaintiff

 Page 2

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA

CASE NO.:  05-2007-CA-0xxxx-XXXX-XX

IRONCLAD INVESTMENTS, INC.

            Plaintiff,

vs.

ROLAND LASTNAME, SUSAN

SURNAME, and the BOARD OF

COUNTY COMMISSIONERS OF

BREVARD COUNTY, FLORIDA

Defendants.

__________________________________/

DEFAULT

            A default is entered in this action against Defendants ROLAND LASTNAME and SUSAN SURNAME, named in the foregoing motion, for failure to serve or file any paper as required by law.

            Dated on this _____ day of ____________________, 2008.

                                                                        CLERK OF THE CIRCUIT COURT

(SEAL)

                                                                        As Clerk of the Court

                                                                         By: _______________________________

                                                                         As Deputy Clerk

 Page 3

IN THE COUNTY COURT FOR

BREVARD COUNTY, FLORIDA

CASE NO.:  05-2008-SC-00XXXX-XXXX-XX 

NONSTANDARD OIL COMPANY, INC.,

            Plaintiff,

-vs-

JOHN DOE CONSTRUCTION, INC.,

            Defendant.

____________________________________/

MOTION FOR DEFAULT JUDGMENT

                       

            COMES NOW the Plaintiff, NONSTANDARD OIL COMPANY, INC., and moves this Court for the entry of a Default Judgment on liability and damages, and would show:

1.         That the Clerk of the Circuit Court has entered a default against the Defendant, JOHN DOE CONSTRUCTION, INC., on the issue of liability.

            2.         This is a contract action, and the Affidavit of Jack S. LASTNAME, Jr., President of NONSTANDARD OIL COMPANY, INC., has established the following damages:

            Principal:                                 $4,765.79

            Pre-Judgment Interest                   645.00

            Court Costs and Fees                   275.00

            Total:                                       $5,685.79

For a Total of $5,685.79.

            3.         Plaintiff requests that the judgment debtor complete under oath Florida Rule of Civil Procedure Form 1.977, including all required attachments, and serve it on the creditor’s attorney, within 45 days from the date of this final judgment, unless the final judgment is satisfied.

            4.         Plaintiff requests that this Court retain jurisdiction to enter further Orders that are proper to compel the Judgment debtor to complete form 1.977, including all required attachments, and serve it on the judgment creditor’s attorney,.

            WHEREFORE, Plaintiff prays for the entry of a Judgment against Defendant, and in favor of Plaintiff, for the sum of $5,685.79, plus statutory interest, and that this Court will retain jurisdiction of this action.

                                                                By:   _________________________________________

                                                                        Michael B. Lesage

                                                            815 South Washington Ave

                                                                        Titusville, FL 32780

                                                                        321-269-6833                                                                                                                                     

                                                                        Florida Bar No.:  00XXXX

                                                                        Attorney for the Plaintiff

  Page 4

                                                                              IN THE COUNTY COURT FOR

BREVARD COUNTY, FLORIDA

CASE NO.:  05-2008-SC-00XXXX-XXXX-XX 

NONSTANDARD OIL COMPANY, INC.,

            Plaintiff,

-vs-

JOHN DOE CONSTRUCTION, INC.,

            Defendant.

____________________________________/

AFFIDAVIT OF INDEBTEDNESS

STATE OF FLORIDA  )

) SS.

COUNTY OF BREVARD     )

BEFORE ME, the undersigned authority, personally appeared Jack S. LASTNAME, Jr., as President of NONSTANDARD OIL COMPANY, INC., who, after being first duly sworn, deposes and says:

1.         That I am the President of NONSTANDARD OIL COMPANY, INC., and as such is authorized to make this Affidavit.

2.         That NONSTANDARD OIL COMPANY, INC. did provide Defendant with oil on credit, for which no payment has been received. 

3.         Pursuant to the agreement between the parties, Defendant accepted delivery of oil with the understanding that interest would accrue at the rate of 1.5 % monthly on all balances unpaid over 30 days.

4.         That this account has been under my supervision, and that I am familiar with the charges dues and payable thereunder, and with the financial records kept in connection with this account. 

5.         That there is now unpaid on the following principal amount:

Invoice Date     Amount                       

04/18/2007      $1,133.30

04/18/2007          162.18

05/01/2007        1,125.00

05/14/2007        1,156.30

05/29/2007        1,189.01

Total                $4765.79

            6.         The following interest has accrued on the unpaid principal amount

Invoice Date     Amount            Monthly            Interest Accrual            Total Interest               

Interest             Began                           Charge

04/18/2007      $1,133.30        17.00               05/18/2007                  170.00

04/18/2007           162.18          2.43               05/18/2007                    24.30

05/01/2007        1,125.00        16.87              06/01/2007                  151.83

05/14/2007        1,156.30        17.35              06/14/2007                  156.15

05/29/2007        1,189.01        17.84              06/29/2007                  142.72

Total Interest Charges:                                                              $645.00

            7.         That the following sums were expended in bringing this action:

County Court Filing Fee:           $255.00

Service of Process Fee:                20.00

Total:                                        $275.00

8.                  The total now due Plaintiff is the following:

Principal Amount Due:  $4765.79

Interest Charges:                           645.00

Court Fees:                                  275.00

Total:                                      $5685.79

7.         That the Plaintiff has performed all conditions precedent to the commencement of this action.

FURTHER AFFIANT SAYETH NOT.

           

NONSTANDARD OIL COMPANY, INC.,

           

                                                                                    By:  _______________________________

                                                                                   

Name:  Jack S. LASTNAME, Jr.____________

                                                                                    Its:  President________________________

STATE OF FLORIDA

COUNTY OF BREVARD

           

            Sworn to and subscribed before me this _______ day of February, 2008, by Jack S. LASTNAME, Jr., as President of NONSTANDARD OIL COMPANY, INC., who is

q      personally known to me, or who

q      produced a current driver’s license, number ____________ as identification. 

{Notary Seal must be affixed}

Signature of Notary

Name of Notary (Typed, Printed or Stamped)

Commission Number (if not legible on seal):________________

My Commission Expires (if not legible on seal):  

 Page 5

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT, IN AND FOR BREVARD COUNTY, FLORIDA

CASE NO.:  05-2009-CA-0XXXX-XXXX-XX

NONSTANDARD OIL COMPANY, INC.,

            Plaintiff,

-vs-

JOHN DOE CONSTRUCTION

            Defendant.

____________________________________/

FINAL JUDGMENT AGAINST JOHN DOE CONSTRUCTION

THIS CAUSE having come before the Court on the Plaintiff’s Motion for entry of a Final Summary Judgment of Default and Damages, and after entry of Default against Defendant, and the Court, having considered the Motion, reviewed the file, Affidavits of the Parties, and otherwise being fully advised in the premises, it is thereupon

ORDERED AND ADJUDGED:

1.         That Judgment shall be issued in favor of Plaintiff and against Defendant JOHN DOE CONSTRUCTION, with Tax Id number:  1234, in the amount of $48,128.78, with interest accruing at the statutory rate, and Plaintiff shall recover that amount from Defendant. 

2.         The address of the Plaintiff is 1 Rue Ave, Titusville, FL 32780.

3.         It is further ordered and adjudged that the judgment debtor(s) shall complete under oath Florida Rule of Civil Procedure Form 1.977 (Fact Information Sheet), including all required attachments, and serve it on the judgment creditor's attorney, within 45 days from the date of this final judgment, unless the final judgment is satisfied.

4.         Jurisdiction of this case is retained to enter further orders that are proper for Execution and/or Garnishment, and to compel the Judgment debtor to complete form 1.977, including all required attachments, and serve it on the judgment creditor's attorney.

DONE AND ORDERED in Chamber at Viera, Florida this _____ day of __________________, 2009.  LET EXECUTION ISSUE. 

                                                            __________________________________

                                                            Honorable CHARLES A. JUDGE

                                                            Circuit Court Judge

Copies furnished to

MICHAEL B. LESAGE, 815 S. Washington Ave, Titusville, FL  32780.

 DEF name and address.

Page 6

Ltr to Judge - to move things along faster, not have to wait for a hearing date

   Letterhead

February 27, 2008

Honorable Judge Judginess

Circuit Court Judge

Titusville Historic Courthouse

506 S. Palm Avenue

Titusville, FL  32796

RE:       NONSTANDARD OIL COMPANY, INC. vs. JOHN DOE CONSTRUCTION, INC.

                        CASE NO.:  05-2008-SC-00XXXX-XXXX-XX 

Dear Judge Judginess,

     Please find enclosed my Motion for Default Judgment, an Affidavit establishing damages, and my Proposed Final Judgment.  Should the documents be incorrect or incomplete in any way, please inform me so that I may make any necessary changes.

Very Truly Yours

MICHAEL B. LESAGE, Esq.

                                                   815 S. Washington Avenue,

                                                   Titusville, FL  32780

                                                   321-269-6833