Taylor v. The Wilton Business Group, Inc.

• Court: District Court, M.D. Florida
• Decided: April 15, 2025
• Docket: 3:24-cv-00020
• Status: Unknown

Opinion

United States District Court Middle District of Florida Jacksonville Division

SHERVONDA TAYLOR,

Plaintiff,

v. NO. 3:24-cv-20-HES-PDB

THE WILTON BUSINESS GROUP, INC.,

Defendant.

Order The application for entry of default, Doc. 22, is denied without prejudice. The motion fails to include a memorandum of law with citations to the Federal Rules of Civil Procedure, the Florida Statutes, or both showing that service of process is proper. The motion is more akin to a motion for default judgment under Rule 55(b), Federal Rules of Civil Procedure. Neither the motion nor the affidavit include a citation of law besides Rule 55(a), Federal Rules of Civil Procedure. See Docs. 22, 22-1. The record suggests that Shervonda Taylor has not properly served process. Service-of-process laws are strictly construed and enforced to assure that a defendant receives notice of the action. Shurman v. Atl. Mortg. & Inv. Corp., 795 So. 2d 952, 954 (Fla. 2001). Florida law requires the party serving process to send a notice of service and a copy of the process to the party being served “by registered mail; by certified mail, return receipt requested; or by use of a commercial firm regularly engaged in the business of document or package delivery.” Fla. Stat. § 48.161(2). The party must “file proof of service or return receipts showing delivery to the other party by mail or courier[.]” Id. Counsel explains that a UPS parcel contained a copy of the complaint and the summons but fails to mention a notice of service. Doc. 22-1 at 1; see Doc. 22-1 at 46-47. Counsel explains that the Secretary of State’s acceptance letter was mailed to the Wilton Business Group, Inc., twice, see Doc. 22-1 at 4, but the acceptance letter and any other notice of service appears to have been excluded from the mailings. See Doc. 22-1 at 5, 32-34, 36-38. Taylor, moreover, provides no return receipt for the mailings.

For default, Taylor must file a motion and legal memorandum in a single document analyzing the current law on service of process and showing proper service of process. The deadline to apply for default is extended to May 5, 2025.

Ordered in Jacksonville, Florida, on April 15, 2025.

PATRICIA D. BARKSDALE United States Magistrate Judge

C: The Wilton Business Group, Inc. c/o Adrian J. Shuman 9236 Wilton Avenue West Jacksonville, FL 32208