motion for entry of final judgment florida

3d 596, 598 citing 682.15, Fla. Stat. I. 16 (b)- (h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. limitations had been tolled, the trial courts entry of a final judgment including unpaid installments coming due more than five years before the operative complaint was filed is clearly erroneous as a matter of law. Notification of California Public Power Generation Management Services Contracts--Unless such transaction is otherwise subject to the reporting and waiting period requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, 15 U.S.C.A. 16(e) (emphasis added). Courts have the authority to determine the legal owners of a property. If the trustee is responsible, it shall similarly notify Defendant. "Acquire" means obtaining any interest in any electricity generating facilities or capacity, including, but not limited to, all real property, deeded development rights to real property, capital equipment, buildings, fixtures, or contracts related to the generation facility, and including all generation, tolling, reverse tolling, and other contractual rights. It also requires BFI to offer new, less restrictive contracts to its small containerized hauling customers in Broward County, FL; Polk County, FL; and the greater Baltimore, MD metropolitan area. Your recipients will receive an email with this envelope shortly and The notice shall set forth the details of the proposed transaction and list the name, address, and telephone number of each person not previously identified who offered to, or expressed an interest in or a desire to, acquire any ownership interest in the assets that are the subject of the binding contract, together with full details of same. In its Competitive Impact Statement and its response to public comments previously filed with the Court, the United States has explained the meaning and proper application of the public interest standard under the APPA, and incorporates those statements here by reference. It is now appropriate for the Court to make the public interest determination required by 15 U.S.C.A. will be able to access it on trellis. Unless the United States otherwise consents in writing, the divestiture or divestitures pursuant to this section, or by the trustee appointed pursuant to Section VI of this Final Judgment, shall include the Divestiture Assets as specified in this Final Judgment (though not necessarily all to the same purchaser) and be accomplished by selling or otherwise conveying the Divestiture Assets to a purchaser or purchasers in such a way as to satisfy the United States, in its sole discretion, that none of the terms of any agreement between any purchaser and Defendant give Defendant the ability unreasonably to raise the purchaser's costs, to lower the purchaser's efficiency, or otherwise to interfere in the ability of the purchaser to compete effectively in the provision of electricity in California; provided, however, the purchaser need not continue operation of these assets. vs. by Pcgl Llc, (b) Property Recovery. Accessing Verdicts requires a change to your plan. The following packets, must contain 2 Notice of Social Security forms - one for each party, - Packet D. FL Statute: 12.902 (j) Knutsson, Keith, and application or motion for additional relief within the jurisdiction of this Court, and will Enova shall complete the sale of the Divestiture Assets as soon as practical after the receipt of all necessary governmental approvals; provided, however, if the sale of any of the Divestiture Assets is not completed within eighteen months after the date of the entry of this Final Judgment, a trustee shall be appointed pursuant to Section VI of this Final Judgment to effect the divestiture of any unsold assets; provided further, the United States may extend the eighteen-month period by six months by serving written notice on Enova prior to the expiration of the eighteen-month period; provided further, Enova and the United States may by mutual agreement extend further the time in which any of the Divestiture Assets shall be sold. Plaintiff's counsel to remove the Final Judgment from the official records, Plaintiff's Filing # 23812579 E-Filed 02/16/2015 04:01:58 PM. 18 (West 1997). The purpose of a summary judgment is to avoid . Rule 1.570 - ENFORCEMENT OF FINAL JUDGMENTS (a) Money Judgments. The parties can bring certain motions after any judgment, including a summary judgment. The California Auction Procedures shall be deemed to satisfy this requirement. The Affidavit in Support of Motion for Default Judgment should be submitted as an attachment. In a judicial partition, the property of co-owners is partitioned by the courts based on the evidence produced by the parties. A partition can be in kind or in money. WHEREFORE Plaintiff requests this Court grant its motion, taxing costs against the Defendant, and enter a Final Judgment on Garnishment ordering Garnishee to pay to the Plaintiff all sums withheld up to the Similarly, in Plaintiff's Response, filed with the Court on January 11, 1999, the United States explained how the issues raised in the comments are not relevant to the Court's determination that entry of the proposed Final Judgment is in the public interest. The Final Judgment may be entered at this time without further hearing, if the court determines that entry is in the public interest. Defendant shall pay post judgment interest on any delinquent amounts . D. Defendant shall preserve all records of all efforts made to preserve and divest the Divestiture Assets. II. In its CIS previously filed with the Court on June 8, 1998, the United States has explained the meaning and proper application of the public interest standard under the APPA and incorporates those statements here by reference. There is no time limit on filing a motion for relief from judgment if the judgment itself is void. Cogeneration facilities--Defendant may own, operate, or control any cogeneration or renewable generation facilities in California. D. Defendant shall provide and maintain sufficient lines of sources of credit to maintain the Divestiture Assets as viable, ongoing businesses. C. No information or documents obtained by the means provided in Section VIII or Section XI of this Final Judgment shall be divulged by a representative of the Plaintiff to any person other than a duly authorized representative of the Executive Branch of the United States, except in the course of legal proceedings to which the Plaintiff is a party, including grand jury proceedings, or for the purpose of securing compliance with this Final Judgment, or as otherwise required by law. The APPA requires a sixty-day period for the submission of public comments on the proposed Final Judgment. The Complaint alleges that Pacific is a California gas utility company and Enova is a California electric utility company, and that this transaction would give the combined company ("PE/Enova") both the incentive and the ability to lessen competition in the market for electricity in California. A default judgment awards the plaintiff reasonable damages requested in the complaint. The party who won can ask for an award of costs and sometimes attorney fees from the other party, unless those were already . 16(b). The Florida Rules of Civil Procedure do not authorize rehearing of non-final orders, and so filing . at any time after 14 days following entry of this Final Judgment. For the reasons set forth in this Motion, in the CIS, and Plaintiff's Response, the Court should find that the proposed Final Judgment is in the public interest and should enter the proposed Final Judgment without further hearings. CASE STYLE (Name of Court) Plaintiff . If you wish to keep the information in your envelope between pages, The proposed Final Judgment, filed at the same time as the Complaint, orders Enova to sell all of its rights, titles, and interests in Encina and South Bay electricity generation facilities located at Carlsbad and Chula Vista, California (the "Divestiture Assets"), to a purchaser or purchasers acceptable to the United States in its sole discretion. 3. Each such affidavit shall include, inter alia, the name, address, and telephone number of each person who, at any time after the period covered by the last such report, made an offer to acquire, expressed an interest in acquiring, entered into negotiations to acquire, or was contacted or made an inquiry about acquiring, any interest in the Divestiture Assets, and shall describe in detail each contact with any such person during that period. A disposition is considered to be final if there has been a decision upon a cognizable claim for relief, and if it is "an ultimate disposition of an individual claim entered in the course of a multiple claims action." Id at 6-7. represented by Your alert tracking was successfully added. Defendant may request that information in such reports that has been provided as confidential by the Defendant be deemed confidential by the trustee. Defendant shall appoint a person or persons to oversee the Divestiture Assets, and who will be responsible for Defendant's compliance with Section X of this Final Judgment. Your subscription has successfully been upgraded. Record your final money judgment with the Secretary of State after the time to move for rehearing has lapsed, if no motion for rehearing is pending, and if no stay of the judgment or its enforcement is in effect. After five years from the date it is entered, this Final Judgment shall terminate if Defendant demonstrates to the Court that (1) it no longer owns any of its existing nuclear assets, or (2) such assets are no longer in operation, or (3) the output of those nuclear assets is required by law or regulation to be sold at a fixed price. Enova may reject any bid submitted by any party for all or part of the Divestiture Assets if the bid offers consideration in an amount less than the book value of such assets as reflected on the most recent regularly prepared balance sheet of Enova at the time the bid is submitted; provided, however, that nothing in this section shall prevent the CPUC from setting a minimum bid price or rejecting any bid on the basis of price or otherwise. The APPA requires "California Generation Facilities" means (1) electricity generation facilities in California in existence on January 1, 1998, excluding such facilities that are rebuilt, repowered, or activated out of dormancy after January 1, 1998, as long as such rebuild, repower, or activation out of dormancy project, if done by Defendant, begins within one year of purchase; and (2) any contract for operation and sale of output from generating assets of the Los Angeles Department of Water and Power ("LADWP"). Motion for Determination of Amount of Reasonable Attorney's fees and taxable costs, and this Court having considered argument of counsel for the parties, regarding inter alia, services performed, time and expertise required, the nature of the suit, the amount in controversy, and the results obtained, and having examined time records of The court reserves jurisdiction to consider a timely motion to tax costs and attorney's fees." The Notice of Entry of Judgment (SC-130) is a court form that states the judge's decision. Plaintiff moves for a default judgment based on the following: 1. We will email you This was, after all, an ex parte motion for entry of final judgment. J. Review the text and proceed, if correct. This Section shall be broadly construed and any ambiguity or uncertainty regarding the filing of notice under this Section shall be resolved in favor of filing notice. DEFENDANT/COUNTERCLAIMANT'S MOTION FOR FINAL DEFAULT JUDGMENT . Provided, however, a proposed divestiture pursuant to the Auction Procedures approved by the United States under Section IV(D)(3) of this Final Judgment shall be deemed acceptable to the United States under this section. Attorney For The Plaintiff. The Portland General Electric Contract capacity (75 MW) shall be included in the calculation of whether the 500 MW cap has been reached (reducing the total available to 425 MW), unless and until the Portland General Electric Contract terminates or is divested. You may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, by clicking the Inbox on the top right hand corner. On June 24, 2008 a breach of contract case was filed Required Check List for Entry of Final Judgment without Personal Appearance Fill in the Date of Filing of each item or indicate "N/A" if appropriate. 16 (b)-(h) (West 1997), Plaintiff United States moves for entry of the proposed Final Judgment annexed hereto in this civil antitrust proceeding. In making that determination, the court may consider: 15 U.S.C. Your alert tracking was successfully added. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Within fifteen calendar days of receipt by Plaintiff of such notice, Plaintiff may request from Defendant, the proposed purchaser, any other third party, or the trustee, if applicable, additional information concerning the proposed divestiture and the proposed purchaser. A judgment is the official decision made by the court at the end of a lawsuit, criminal trial, or other legal proceeding.In certain cases, a party to the proceeding may make a "motion for judgment, requesting that the court make a decision. E. Defendant shall provide and maintain sufficient working capital to maintain the Divestiture Assets as viable ongoing businesses. IN THE COUNTY COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA Case No. J. D. Methods of Obtaining Prior Approvals and of Providing Notice--Defendant shall obtain prior approval and provide notice by sending the required materials to Chief, Transportation, Energy, and Agriculture Section, Antitrust Division, United States Department of Justice, 325 Seventh Street, N.W., Suite 500, Washington, DC 20004. FL Statute: 12.930 (a) Packets: n/a. P. 52(b) filed within 28 days of entry of judgment; Motions to alter or amend the judgment or to grant a new trial under Fed. The Court reserves jurisdiction over the parties and this action to enforce the terms of this perma nent injunction through . Each such affidavit shall also include a description of the efforts that Defendant has taken to solicit a buyer for the Divestiture Assets and to provide required information to prospective purchasers, including the limitations, if any, on such information. FORM 1.998. in the jurisdiction of Hillsborough County. "Pacific" means Pacific Enterprises, a California corporation headquartered in Los Angeles, California, and includes its successors and assigns, and its parents, subsidiaries, directors, officers, managers, agents, and employees acting for or on behalf of any of them. E. After the appointment of the trustee becomes effective, Defendant shall take no action to interfere with or impede the trustee's accomplishment of the required divestiture, and shall use its best efforts to assist the trustee in accomplishing the required divestiture, including best efforts to effect all necessary regulatory approvals. These challenges are known to attorneys as Collateral jurisdictional attacks. The trustee shall have the power and authority to accomplish the divestiture at the best price then obtainable upon a reasonable effort by the trustee, subject to the provisions of Sections VI and VII of this Final Judgment, and shall have such other powers as the Court shall deem appropriate. Outside California--Defendant may own, operate, control, or acquire any electricity generation facilities other than California Generation Facilities. D. Certain Conditions on the Auction Procedures. Plaintiff requests the court review this complaint and grant this motion for order to show cause for entry of final judgment of foreclosure, and grant such further relief as may be awarded at law or in equity. This is the formal written document about the outcome of a lawsuit. Before Enova can accept a bid by a potential purchaser received under the Auction Procedures with respect to any of the Divestiture Assets to be divested, the bid must be screened by the United States as specified in this section. Fla. 2010) Court Description: FINAL JUDGMENT and ORDER granting Plaintiff's Motion for Entry of Default Judgment 9 and Permanent Injunction Against Defendant David Perkins. Default Judgment. MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. Before entering the proposed Final Judgment, the Court is to determine whether the Judgment "is in the public interest." Lehmann, 39 S.W.3d at 205. Subject to Section VI(D) of this Final Judgment, the trustee shall have the power and authority to hire at the cost and expense of Defendant any investment bankers, attorneys, or other agents reasonably necessary in the judgment of the trustee to assist in the divestiture, and such professionals and agents shall be accountable solely to the trustee. The Stipulation and proposed Final Judgment also require Enova to ensure that until the divestiture mandated by the proposed Final Judgment has been accomplished, the management of any electricity generating facilities will be kept separate and apart from the management of Enova's other businesses. Defendant has informed Plaintiff that Defendant consents to the entry of the Final Judgment in this matter. Defendant is entitled to entry of a court order enforcing the Settlement What Is a Petition for Writ of Administrative Mandate. B. The judge who presided over the trial makes his or her rulings and completes the case with this motion which is always called a final decree or final decision. I hereby certify that I have caused a copy of the foregoing Plaintiff's Motion for Entry of Final Judgment to be served on counsel for Defendant and for Southern California Edison Company in this matter in the manner set forth below: J.A. See Section 55.10, Florida Statutes, for additional information on perfecting a judgment lien on real property. Defendant shall use all reasonable efforts to maintain and increase sales of electricity by the Divestiture Assets, and Defendant shall use reasonable efforts to maintain and increase promotional, advertising, sales, marketing, and merchandising support for wholesale electricity sold in California. Enova shall provide to the United States copies of all bids and any other documents submitted by any potential purchaser pursuant to the Auction Procedures. The Court shall thereafter enter such orders as it shall deem appropriate to accomplish the purposes of this Final Judgment, which shall, if necessary, include extending the term of the trustee's appointment by a period requested by the United States. The United States does not believe that the procedures of the Antitrust Procedures and Penalties Act ('CAPPA''), 1 5 U.S .C. (See instructions on the reverse of the form.) (a) A judgment lien is acquired by filing a judgment lien certificate in accordance with s. 55.203 with the Department of State after the judgment has become final and if the time to move for rehearing has lapsed, no motion for rehearing is pending, and no stay of the judgment or its enforcement is then in effect. The Motion for Default would contain a heading entitled "Plaintiff's Motion for Clerk to Enter Default" and would detail that the she filed suit against the defending party, that they failed to respond to the complaint, that it has been over twenty days since the complaint was filed. The capacity of Defendant's existing nuclear generation assets are excluded from the calculation of whether the 500 MW cap has been reached so long as the prices Enova receives for electricity generated by the existing nuclear generation assets are fixed by law or regulation. Jurisdiction is retained by this Court for the purpose of enabling any of the parties to this Final Judgment to apply to this Court at any time for such further orders and directions as may be necessary or appropriate for the construction or carrying out of this Final Judgment, for the modification of any of the provisions hereof, for the enforcement of compliance herewith, and for the punishment of any violations hereof. Miami-Dade County Courthouse. After approval by the Court of the trustee's accounting, including fees for its services and those of any professionals and agents retained by the trustee, all remaining money shall be paid to Enova and the trust shall then be terminated. B. Until the divestiture required by the Final Judgment has been accomplished: A. The United States shall take all necessary steps to keep the information received pursuant to this section confidential. There has been no showing that the proposed settlement constitutes an abuse of the Department's discretion or that it is not within the zone of settlements consistent with the public interest. G. Unless it has obtained the prior approval of the United States, Defendant shall not terminate or reduce the current employment, salary, or benefit arrangements for any personnel employed by Defendant who work at, or have managerial responsibility for, electricity generating facilities, except in the ordinary course of business. Settlement Receipts . ASSENTED-TO MOTION FOR ENTRY OF JUDGMENT Plaintiff Commonwealth of Massachusetts moves for entry of the Judgment . We will email you Defendant shall make available such information to Plaintiff at the same time that such information is made available to any other person. "Final Approval" means the date on which this Settlement Agreement and the form of State Escrow Agreement are approved by the Court. Until final judgment is entered, Rule 54(b) allows revision of the default judgment at . C. Within twenty calendar days of the filing of this Final Judgment, Defendant shall deliver to Plaintiff an affidavit which describes in detail all actions Defendant has taken and all steps Defendant has implemented on an on-going basis to preserve the Divestiture Assets pursuant to Section X of this Final Judgment and describes the functions, duties and actions taken by or undertaken at the supervision of the individuals described at Section X(J) of this Final Judgment with respect to Defendant's efforts to preserve the Divestiture Assets. We are currently collect data for this state. Defendant shall not object to a sale by the trustee on any grounds other than the trustee's malfeasance. Subject to the reasonable convenience of Defendant and without restraint or interference from it, to interview, either informally or on the record, its officers, employees, and agents, who may have counsel present, regarding any such matters. Plaintiff has incurred costs as result of this garnishment. Select any appropriate docket entries to relate the motion to on the docket sheet Type in the name of the party that the default judgment is against. Any such objections by Defendant must be conveyed in writing to Plaintiff and the trustee no later than ten calendar days after the trustee has provided the notice required under Section VII of this Final Judgment. Adding your team is easy in the "Manage Company Users" tab. A sample motion for clerk's default that a plaintiff may use in a Florida circuit court civil action to obtain the entry of a clerk's default against a defendant that failed to timely respond to the complaint and failed to file or serve any document in the action. The procedures required by the APPA prior to entry of the proposed Final Judgment are completed. The Court will retain jurisdiction to construe, modify or enforce the Final Judgment. California Public Power Generation Management Services Contracts--Defendant's entry into California Public Power Generation Management Services Contracts is not prohibited under Section V(A)(2) above, regardless of whether the contract allows for Defendant to exercise control of such facilities, and such contracts shall not be included in the calculation of whether the Acquisition Cap in Section V(B)(1) has been reached; provided however, Defendant may not enter into California Public Power Generation Management Services Contracts that allow the Defendant to exercise control of such facilities, without notice to the United States. 16(e) and to enter the Final Judgment. Final process to enforce a judgment solely for the payment of money shall be by execution, writ of garnishment, or other appropriate process or proceedings. Entry of default is an interlocutory order and is therefore not immediately appealable. In Florida, a party in most cases has 20 days to answer a lawsuit. 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