American Builders Insurance Co RRG, Inc. v. Carrollton Premiere Roofing, Inc.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

AMERICAN BUILDERS INSURANCE CO RRG, INC.,

Plaintiff, v. Case No. 8:22-cv-2959-VMC-CPT CARROLLTON PREMIERE ROOFING, INC., and SIENNA VILLAS AT BEACH PARK CONDOMINIUM ASSOCIATION, INC.,

Defendants. _______________________________/ ORDER This matter is before the Court on consideration of United States Magistrate Judge Christopher P. Tuite’s Report and Recommendation (Doc. # 46), filed on July 2, 2025, recommending that Plaintiff American Builders Insurance Co RRG, Inc.’s Third Amended and Renewed Motion for Default Final Judgment for Declaratory Relief under Counts I & II of its Complaint as to Defendant Sienna Villas at Beach Park Condominium Association, Inc. (Doc. # 43) be granted. No objections have been filed and the time for filing objections has expired. Upon review, the Court accepts and adopts the Report and Recommendation and grants Plaintiff’s Motion. Discussion After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993

F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendation. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F.3d 116 (11th Cir. 1994). After conducting a careful and complete review of the findings, conclusions, and recommendations, and giving de novo review to matters of law, the Court accepts the factual

findings and legal conclusions of the Magistrate Judge. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 46) is ACCEPTED and ADOPTED. (2) Plaintiff American Builders Insurance Co RRG, Inc.’s Third Amended and Renewed Motion for Default Final Judgment for Declaratory Relief under Counts I & II of its Complaint as to Defendant Sienna Villas at Beach Park Condominium Association (Doc. # 43) is GRANTED. (3) The Clerk is directed to enter a default declaratory judgment in favor of Plaintiff American Builders Insurance Co RRG, Inc., and against Defendant Sienna Villas at Beach Park Condominium Association, Inc. Plaintiff has no duty to indemnify Defendant Carrollton Premiere Roofing, Inc., in the underlying state court litigation. (4) The Clerk is directed to terminate any pending motions and to CLOSE the case. DONE and ORDERED in Chambers in Tampa, Florida, this 17th day of July, 2025.

lagi 9n. Munenby Cree VIRGINIA M. HERNANDEZ*COVINGTON UNITED STATES DISTRICT JUDGE