Preview
Filing # 104234830 E-Filed 03/03/2020 11:27:33 AM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. CACE-19-021666
FREEDOM MORTGAGE
CORPORATION
Plaintiff,
vs.
ANDRE ST. STEVE KIFFIN,
et al.,
Defendants.
/
RESPONSE IN OPPOSITION TO DEFENDANT ANDRE ST STEVE KIFFIN’S MOTION TO
VACATE DEFAULT
The Plaintiff, FREEDOM MORTGAGE CORPORATION, by and through its
undersigned attorney, files its Response to Defendant, Andre St Steve
Kiffin’s (hereinafter “Kiffin”) Motion to Vacate Default and in
support thereof states as follows:
BACKGROUND AND FACTS
1 This matter arises out of a foreclosure action filed on
October 18, 2019.
The Defendant, Kiffin was served November 4, 2019.
A judicial default was entered against Defendant, Kiffin on
December 6, 2019.
Defendant filed a Motion to Set Aside Order on Plaintiff’s Motion
for Judicial Default on February 28, 2019.
QUA AAT HIV UAT
19-376234 - Mal
PAGE 1
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/03/2020 11:27:33 AM.**#*
Argument
5. A party seeking to set aside a clerk’s default must demonstrate
that 1) the failure to file a responsive pleading was the result
of excusable neglect; 2) the party has a meritorious defense; and
3) the party has been reasonably diligent in seeking to vacate
the default after it was discovered. Farmers Production Credit
Ass'n v. Emperador Seafood, Inc., 416 So.2d 889 (Fla. 4th pea
1982).
In Church of Christ Written in Heaven, the Third DCA sets forth a
three pronged rule that “Florida law requires the party who moves
to vacate the entry of a default and default judgment to
demonstrate excusable neglect, a meritorious defense and due
diligence. ” The Church of Christ Written in Heaven, Inc., v The
Church of Christ Written in Heaven of Miami, Inc., 947 So. 2d
557, at 559 (Fla. 3d DCA 2006).
Furthermore, in Church of Christ Court asserted that a showing of
excusable neglect must be proven by sworn statement or
affidavits. The Church of Christ Written in Heaven, Inc., Vv The
Church of Christ Written in Heaven of Miami, Inc., 947 So. 2d
557, at 559 (Fla 3d DCA 2006) (emphasis added). See also Elliot
v Aurora Loan Services, LLC, 31 So. 3d 304 (Fla. 4th DCA 2010).
Defendants fail to assert any excusable neglect.
As to the rule’s second prong, the element of a meritorious
19-376234 - Mal
PAGE 2
defense has not been met by the Defendant as they have not
alleged nor filed anything that would purport to show any
meritorious defense.
10 Defendant fails to meet the second prong as set forth by
Church of Christ.
11 The Defendants also fail to meet the third prong as set forth
by the Church of Christ.
12 There is an absence of due diligence on the Defendants’ part.
13 As outlined above, the Motion to Set Aside Default.
14 Accordingly, as Defendants have failed to show any
meritorious defenses, excusable neglect, and/or due diligence
Defendants’ Motion to Set Aside Default should be denied
accordingly.
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been
furnished to the parties listed on the attached service list via
Mail and/or E-mail in accordance with the corresponding addresses
listed therein on this 2 day of March, 2020.
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: mail@rasflaw.com
By: _\S\Lourdes Sanchez Barcia_
Lourdes Sanchez Barcia,
Esquire
Florida Bar No. 598461
19-376234 - Mal
PAGE 3
Communication Email:
lsanchezbarcia@rasflaw.com
SERVICE LIST
MATOS LEGAL, PLLC
ROSALIND J. MATOS, ESQ.
ATTORNEY FOR ANDRE ST. STEVE KIFFIN
C/O MATOS LEGAL, PLLC
2645 EXECTUTIVE PARK DR. #676
WESTON, FL 33331
PRIMARY EMAIL: ROSALIND@MATOSLEGAL.COM
19-376234 - Mal
PAGE 4
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. CACE-19-021666
FREEDOM MORTGAGE CORPORATION,
Plaintiff,
vs.
ANDRE ST. STEVE KIFFIN, et al.,
Defendant(s).
ORDER ON DEFENDANT(S) ANDRE ST STEVE KIFFIN’S MOTION TO VACATE DEFAULT
THE CAUSE came before the Court upon Defendant(s) Andre St Steve Kiffin’s Motion to
Vacate Default, and the Court being otherwise advised in the premises, it is hereupon
ORDERED AND ADJUDGED as follows:
1 Defendant(s) Andre St Steve Kiffin’s Motion to Vacate Default is hereby
GRANTED/DENIED.
DONE AND ORDERED at BROWARD COUNTY, FLORIDA this day of
, 20
Presiding Judge, Circuit Judge
QUIN AAT MIVA
SERVICE LIST
MATOS LEGAL, PLLC
ROSALIND J. MATOS, ESQ.
ATTORNEY FOR ANDRE ST. STEVE KIFFIN
C/O MATOS LEGAL, PLLC
2645 EXECTUTIVE PARK DR. #676
WESTON, FL 33331
PRIMARY EMAIL: ROSALIND@MATOSLEGAL.COM
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Service Email: mail@rasflaw.com
Preview
Filing # 104234830 E-Filed 03/03/2020 11:27:33 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. CACE-19-021666 FREEDOM MORTGAGE CORPORATION Plaintiff, vs. ANDRE ST. STEVE KIFFIN, et al., Defendants. / RESPONSE IN OPPOSITION TO DEFENDANT ANDRE ST STEVE KIFFIN’S MOTION TO VACATE DEFAULT The Plaintiff, FREEDOM MORTGAGE CORPORATION, by and through its undersigned attorney, files its Response to Defendant, Andre St Steve Kiffin’s (hereinafter “Kiffin”) Motion to Vacate Default and in support thereof states as follows: BACKGROUND AND FACTS 1 This matter arises out of a foreclosure action filed on October 18, 2019. The Defendant, Kiffin was served November 4, 2019. A judicial default was entered against Defendant, Kiffin on December 6, 2019. Defendant filed a Motion to Set Aside Order on Plaintiff’s Motion for Judicial Default on February 28, 2019. QUA AAT HIV UAT 19-376234 - Mal PAGE 1 #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/03/2020 11:27:33 AM.**#* Argument 5. A party seeking to set aside a clerk’s default must demonstrate that 1) the failure to file a responsive pleading was the result of excusable neglect; 2) the party has a meritorious defense; and 3) the party has been reasonably diligent in seeking to vacate the default after it was discovered. Farmers Production Credit Ass'n v. Emperador Seafood, Inc., 416 So.2d 889 (Fla. 4th pea 1982). In Church of Christ Written in Heaven, the Third DCA sets forth a three pronged rule that “Florida law requires the party who moves to vacate the entry of a default and default judgment to demonstrate excusable neglect, a meritorious defense and due diligence. ” The Church of Christ Written in Heaven, Inc., v The Church of Christ Written in Heaven of Miami, Inc., 947 So. 2d 557, at 559 (Fla. 3d DCA 2006). Furthermore, in Church of Christ Court asserted that a showing of excusable neglect must be proven by sworn statement or affidavits. The Church of Christ Written in Heaven, Inc., Vv The Church of Christ Written in Heaven of Miami, Inc., 947 So. 2d 557, at 559 (Fla 3d DCA 2006) (emphasis added). See also Elliot v Aurora Loan Services, LLC, 31 So. 3d 304 (Fla. 4th DCA 2010). Defendants fail to assert any excusable neglect. As to the rule’s second prong, the element of a meritorious 19-376234 - Mal PAGE 2 defense has not been met by the Defendant as they have not alleged nor filed anything that would purport to show any meritorious defense. 10 Defendant fails to meet the second prong as set forth by Church of Christ. 11 The Defendants also fail to meet the third prong as set forth by the Church of Christ. 12 There is an absence of due diligence on the Defendants’ part. 13 As outlined above, the Motion to Set Aside Default. 14 Accordingly, as Defendants have failed to show any meritorious defenses, excusable neglect, and/or due diligence Defendants’ Motion to Set Aside Default should be denied accordingly. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been furnished to the parties listed on the attached service list via Mail and/or E-mail in accordance with the corresponding addresses listed therein on this 2 day of March, 2020. ROBERTSON, ANSCHUTZ & SCHNEID, P.L. Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: mail@rasflaw.com By: _\S\Lourdes Sanchez Barcia_ Lourdes Sanchez Barcia, Esquire Florida Bar No. 598461 19-376234 - Mal PAGE 3 Communication Email: lsanchezbarcia@rasflaw.com SERVICE LIST MATOS LEGAL, PLLC ROSALIND J. MATOS, ESQ. ATTORNEY FOR ANDRE ST. STEVE KIFFIN C/O MATOS LEGAL, PLLC 2645 EXECTUTIVE PARK DR. #676 WESTON, FL 33331 PRIMARY EMAIL: ROSALIND@MATOSLEGAL.COM 19-376234 - Mal PAGE 4 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. CACE-19-021666 FREEDOM MORTGAGE CORPORATION, Plaintiff, vs. ANDRE ST. STEVE KIFFIN, et al., Defendant(s). ORDER ON DEFENDANT(S) ANDRE ST STEVE KIFFIN’S MOTION TO VACATE DEFAULT THE CAUSE came before the Court upon Defendant(s) Andre St Steve Kiffin’s Motion to Vacate Default, and the Court being otherwise advised in the premises, it is hereupon ORDERED AND ADJUDGED as follows: 1 Defendant(s) Andre St Steve Kiffin’s Motion to Vacate Default is hereby GRANTED/DENIED. DONE AND ORDERED at BROWARD COUNTY, FLORIDA this day of , 20 Presiding Judge, Circuit Judge QUIN AAT MIVA SERVICE LIST MATOS LEGAL, PLLC ROSALIND J. MATOS, ESQ. ATTORNEY FOR ANDRE ST. STEVE KIFFIN C/O MATOS LEGAL, PLLC 2645 EXECTUTIVE PARK DR. #676 WESTON, FL 33331 PRIMARY EMAIL: ROSALIND@MATOSLEGAL.COM ROBERTSON, ANSCHUTZ & SCHNEID, P.L. Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Service Email: mail@rasflaw.com