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Filing # 39696753 E-Filed 03/31/2016 02:26:12 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NO. 2016-CA-000730-O
COMPLEX BUSINESS LITIGATION
COURT
AHG INVESTORS, LLC, a Florida
limited liability company,
Plaintiff,
vs.
GLD Management (NY), LLC, a New
York limited liability company, f/k/a
GLD Management, LLC,
Defendant.
/
PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT FINAL JUDGMENT
Plaintiff, AHG INVESTORS, LLC, a Florida limited liability company
(“AHG”), by and through its undersigned attorneys and pursuant to Rule 1.500(e),
Florida Rules of Civil Procedure, hereby moves this Court for entry of a Default
Final Judgment against the Defendant, GLD Management (NY), LLC, a New York
limited liability company, f/k/a GLD Management, LLC (“GLD”), and as grounds
therefore states as follows:
1. On February 23, 2016, AHG filed its Amended Complaint in this
action seeking monetary damages for GLD’s breach of the Note (as such term is
defined therein).
2. The Amended Complaint and Summons, among other documents,
were served on GLD both on March 1, 2016 and on March 4, 2016; however, GLD
has failed to answer the Complaint within twenty (20) days of either service as
required by the Florida Rules of Civil Procedure.
3. Accordingly, on March 31, 2016, the Clerk of the Circuit Court
entered a Default against GLD.
4. As set forth in paragraph 10 of the Amended Complaint, as of January
25, 2016, a principal balance of $3,000,000.00 is due and owing under Note plus
accrued interest in the amount of $183,287.66. Interest continues to accrue at the
rate of twelve percent per annum pursuant to the terms of the Note.
5. GLD’s liability for such amounts is established as a result of the
Default. Asian Imports, Inc. v. Pepe, 633 So.2d 551 (Fla. 1st DCA 1994) (holding
that the unpaid principal and interest due on a negotiable instrument are liquidated
damages, and thus liability for the same is admitted upon default).
6. As a result of the foregoing, AHG is entitled to the entry of a default
final judgment against GLD pursuant to Rule 1.500(e), Florida Rules of Civil
Procedure.
WHEREFORE, Plaintiff, AHG INVESTORS, LLC, prays that this Court
enter a Default Final Judgment pursuant to Rule 1.500(e), Florida Rules of Civil
0038671\169830\2598203v1
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Procedure, reserve jurisdiction to award its attorneys’ fees and costs, and grant
such other and further relief as the Court deems just and proper.
/s/ Michael S. Provenzale
Michael S. Provenzale
Florida Bar No. 0056834
Lowndes, Drosdick, Doster,
Kantor & Reed. P.A.
Post Office Box 2809
Orlando, Florida 32802-2809
Tel: (407) 843-4600
Fax: (407) 843-4444
michael.provenzale@lowndes-law.com
litcontrol@lowndes-law.com
anne.fisher@lowndes-law.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
electronically filed with the Clerk of the Court using the E-Portal system, this 31st
of March, 2016.
/s/ Michael S. Provenzale
Michael Provenzale
0038671\169830\2598203v1
3
Preview
Filing # 39696753 E-Filed 03/31/2016 02:26:12 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CASE NO. 2016-CA-000730-O COMPLEX BUSINESS LITIGATION COURT AHG INVESTORS, LLC, a Florida limited liability company, Plaintiff, vs. GLD Management (NY), LLC, a New York limited liability company, f/k/a GLD Management, LLC, Defendant. / PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT FINAL JUDGMENT Plaintiff, AHG INVESTORS, LLC, a Florida limited liability company (“AHG”), by and through its undersigned attorneys and pursuant to Rule 1.500(e), Florida Rules of Civil Procedure, hereby moves this Court for entry of a Default Final Judgment against the Defendant, GLD Management (NY), LLC, a New York limited liability company, f/k/a GLD Management, LLC (“GLD”), and as grounds therefore states as follows: 1. On February 23, 2016, AHG filed its Amended Complaint in this action seeking monetary damages for GLD’s breach of the Note (as such term is defined therein). 2. The Amended Complaint and Summons, among other documents, were served on GLD both on March 1, 2016 and on March 4, 2016; however, GLD has failed to answer the Complaint within twenty (20) days of either service as required by the Florida Rules of Civil Procedure. 3. Accordingly, on March 31, 2016, the Clerk of the Circuit Court entered a Default against GLD. 4. As set forth in paragraph 10 of the Amended Complaint, as of January 25, 2016, a principal balance of $3,000,000.00 is due and owing under Note plus accrued interest in the amount of $183,287.66. Interest continues to accrue at the rate of twelve percent per annum pursuant to the terms of the Note. 5. GLD’s liability for such amounts is established as a result of the Default. Asian Imports, Inc. v. Pepe, 633 So.2d 551 (Fla. 1st DCA 1994) (holding that the unpaid principal and interest due on a negotiable instrument are liquidated damages, and thus liability for the same is admitted upon default). 6. As a result of the foregoing, AHG is entitled to the entry of a default final judgment against GLD pursuant to Rule 1.500(e), Florida Rules of Civil Procedure. WHEREFORE, Plaintiff, AHG INVESTORS, LLC, prays that this Court enter a Default Final Judgment pursuant to Rule 1.500(e), Florida Rules of Civil 0038671\169830\2598203v1 2 Procedure, reserve jurisdiction to award its attorneys’ fees and costs, and grant such other and further relief as the Court deems just and proper. /s/ Michael S. Provenzale Michael S. Provenzale Florida Bar No. 0056834 Lowndes, Drosdick, Doster, Kantor & Reed. P.A. Post Office Box 2809 Orlando, Florida 32802-2809 Tel: (407) 843-4600 Fax: (407) 843-4444 michael.provenzale@lowndes-law.com litcontrol@lowndes-law.com anne.fisher@lowndes-law.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically filed with the Clerk of the Court using the E-Portal system, this 31st of March, 2016. /s/ Michael S. Provenzale Michael Provenzale 0038671\169830\2598203v1 3