DYCK-O'NEAL, INC. v. ENGLAND, 2:15-cv-27-FtM-38DNF. (2015)
Court: District Court, M.D. Florida
Number: infdco20150610b71
Visitors: 11
Filed: Jun. 09, 2015
Latest Update: Jun. 09, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff Dyck-O'Neal, Inc. and Defendant Brandt England's Stipulation for Order of Dismissal As to Count II of Defendant's Counterclaim Only ( Doc. #32 ) filed on June 8, 2015. Plaintiff commenced this deficiency judgment action on June 30, 2014. ( Doc. #3 ). In response, Defendant filed an answer, affirmative defenses, and two counterclaims. ( Doc. #28 ). The parties now stipulate to dismissing the s
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff Dyck-O'Neal, Inc. and Defendant Brandt England's Stipulation for Order of Dismissal As to Count II of Defendant's Counterclaim Only ( Doc. #32 ) filed on June 8, 2015. Plaintiff commenced this deficiency judgment action on June 30, 2014. ( Doc. #3 ). In response, Defendant filed an answer, affirmative defenses, and two counterclaims. ( Doc. #28 ). The parties now stipulate to dismissing the se..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff Dyck-O'Neal, Inc. and Defendant Brandt England's Stipulation for Order of Dismissal As to Count II of Defendant's Counterclaim Only (Doc. #32) filed on June 8, 2015. Plaintiff commenced this deficiency judgment action on June 30, 2014. (Doc. #3). In response, Defendant filed an answer, affirmative defenses, and two counterclaims. (Doc. #28). The parties now stipulate to dismissing the second counterclaim — i.e., violation of the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55 — with each party to bear its own attorney's fees and costs.
Accordingly, it is now
ORDERED:
(1) Plaintiff Dyck-O'Neal, Inc. and Defendant Brandt England's Stipulation for Order of Dismissal As to Count II of Defendant's Counterclaim Only (Doc. #32) is GRANTED.
(2) Defendant Brandt England is DIRECTED to file an amended answer, affirmative defenses, and counterclaim that removes the second counterclaim and otherwise comports with this Order on or before June 16, 2014. Plaintiff Dyck-O'Neal shall file a response thereto within seven (7) days of receiving the amended answer.
DONE and ORDERED.
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Source: Leagle
