Filing# 203031923 E-Filed 07/22/2024 01:52:32 PM
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`IN THE CIRCUIT COURT OF THE SEVENTEENTH
`JUDICIAL CIRCUIT IN AND FOR BROWARD
`COUNTY, FLORIDA
`
`CIVIL DIVISION
`CASE NO.: CACE-24-008226
`
`TD BANK, NATIONAL ASSOCIATION,
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`Plaintiff,
`
`VS.
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`FLORIDA SMILE CENTER PLLC, an active Florida
`limited liabilitycompany, and ST CHRISTOPHER A.
`GORDON a/Ida CHRISTOPHER GORDON, an
`individual,
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`Defendants.
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`i
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`MOTION TO STRIKE AND FOR COURT DEFAULT
`AS TO DEFENDANT FLORIDA SMILE CENTER PLLC
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`Plaintiff,TD BANK, NATIONAL ASSOCIATION, by and through its undersigned
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`counsel, pursuant to Rules 1.140 and 1.500(b) of the Florida Rules of Civil Procedure, hereby
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`move to strike the Motion for Enlargement of Time to Respond to Plaintiffs Complaint (the
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`"Motion"),filed on July 12, 2024, to the extent it was filed on behalf of Defendant FLORIDA
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`SMILE CENTER PLLC and for a default by the Court as to Defendant, FLORIDA SMILE
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`CENTER PLLC, an active Florida limited liabilitycompany ("Borrower"),and states as follows:
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`1.
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`On June 12, 2024, Plaintiff filed its Complaint for Breach of Promissory Note and
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`Breach of Commercial Guaranty ("Complaint").
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`2.
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`On June 26,2024, Plaintiffs process server served the Borrower. The filed return
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`of service and executed summons for the Borrower is attached as Exhibit A.
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`3.
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`Accordingly,the Borrower's response to the Complaint was due July 16,2024.
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`77339849;1
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`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/22/2024 01:52:25 PM.****
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`

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`4.
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`On July 12, 2024, Defendant ST CHRISTOPHER A. GORDON a/kja
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`CHRISTOPHER GORDON ("Guarantor"),appearingpro se, filed a Motion for Enlargement of
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`Time to Respond to Plaintiffs Complaint on behalf of himself and the Borrower.
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`5.
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`Plaintiffs counsel contacted the pro se Guarantor, proposing to resolve the
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`Motion by allowingboth Defendants through and includingAugust 1, 2024, to properlyrespond
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`to the Complaint.
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`6.
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`Guarantor repliedthat he would not agree to Plaintiffs proposed extension, and
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`that he was "responding on behalf of [himself]only."
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`7.
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`A limited liabilitycompany is not a natural person, cannot represent itself,and
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`cannot appear in a court of law without an attorney. See Szteinbaum v. Kaes Inversiones y
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`Falores, CA., 476 So. 2d 247, 248 (Fla.3d DCA 1985). Borrower is an LLC and, upon
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`information and belief,Guarantor is not a licensed attorney in Florida.
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`8.
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`Accordingly, the Motion, to the extent it was filed on behalf of the Borrower,
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`should be stricken as it was filed and signed by the Guarantor, a non-attorney.
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`9.
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`As of the filingof this motion, upon information and belief,Borrower remains
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`unrepresented.
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`10.
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`Pursuant to Fla. R. Civ. P. 1.500(b),"[wlhen a party againstwhom affirmative
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`relief is sought has failed to plead or otherwise defend as provided by these rules or any
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`applicablestatute or any order of court, the court may enter a default againstsuch party.
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`..
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`WHEREFORE, Plaintiff requests the Court strike the Motion for Enlargement of Time
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`to Respond to Plaintiffs Complaint,to the extent it was filed on behalf of Defendant FLORIDA
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`SMILE CENTER PLLC, and enter a default againstDefendant FLORIDA SMILE CENTER
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`PLLC, as to the Complaint,and grant such other and further relief as is justand proper.
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`77339849;1
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`2
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`

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`Dated: July22,2024
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`Respectfullysubmitted,
`AKERMAN LLP
`777 South FlaglerDrive
`Suite 1100 West Tower
`West Palm Beach, FL 33401
`Telephone: (561) 653-5000
`(561) 659-6313
`Facsimile:
`Attorneysfor Plaintijf
`
`/s/.Jenna M. Yoss
`Lawrence P. Rochefort, Esquire
`Florida Bar No.. 769053
`
`Spencer Sater,Esquire
`Florida Bar No.: 1031342
`Jenna M. Yoss, Esquire
`Florida Bar No.. 1049858
`E-mail: lawrence.rochefort@akerman.com
`E-mail: spencer.sater@akerman.com
`E-mail: jenna.yoss@akerman.com
`E-mail: beatrice.terrell@akerman.com
`E-mail: lella.provoste@akerman.com
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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that a true and correct copy of the foregoingwas served by mail
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`and e-mail on the partieslisted on the below Service List on July22,2024.
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`/s/.Jenna M. Yoss
`Jenna M. Yoss, Esquire
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`77339849;1
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`3
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`

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`SERVICE LIST
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`FLORIDA SMILE CENTER PLLC
`c/o RegisteredAgent St ChristopherA. Gordon
`12182 NW 75th Pl.
`Parkland, FL 33076
`Defendant
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`ST CHRISTOPHER A. GORDON a/k/a
`CHRISTOPHER GORDON
`12182 NW 75th Pl.
`Parkland,FL 33076
`docgordon2000@yahoo.com
`Defendant
`
`Lawrence P. Rochefort, Esquire
`Spencer Sater,Esquire
`Jenna M. Yoss, Esquire
`AKERMAN LLP
`777 South FlaglerDrive
`Suite 1100 West Tower
`West Palm Beach, FL 33401
`Telephone: (561) 653-5000
`Facsimile: (561) 659-6313
`lawrence.rochefort@akerman.com
`spencer. sater@akerman.com
`jenna.yoss@akerman.com
`beatrice.terrell@akerman.com
`lella.provoste@akerman.com
`Attorneysfor Plaintiff
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`77339849;1
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`4
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`

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`Filing# 201663884 E-Filed 07/01/2024 11:06:49 AM
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`RETURN OF SERVICE
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`EXHIBIT
`A
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`County of Broward
`
`Circuit Court
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`State of Florida
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`Case Number: CACE-24-008226
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`Plaintiff:
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`TD BANK, NATIONAL ASSOCIATION,
`
`VS.
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`Defendant:
`FLORIDA SMILE CENTER PLLC, an active
`Florida limited liabilitycompany, and ST
`CHRISTOPHER A. GORDON a/k/a
`CHRISTOPHER GORDON, an individual,
`
`For:
`Akerman LLP
`777 South Flagler Drive
`Suite 1100 West Tower
`West Palm Beach, FL 33401
`Received by DOUG NELSON on the 20th day of June, 2024 at 2:42 pm to be served on FLORIDA SMILE CENTER PLLC, C/O
`Registered Agent St Christopher A. Gordon, DMD, 12182 NW 75th PI., Parkland, FL 33076.
`I,DOUG NELSON, do hereby affirm that on the 26th day of June, 2024 at 11:50 am, I:
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`Served Corporate Service at Residence Served the within named corporation or LLC by deliveringa true copy of the
`CIVIL ACTION SUMMONS & COMPLAINT FOR BREACH OF PROMISSORY NOTE AND BREACH OF COMMERCIAL GUARANTY
`WITH ATTACHED EXHIBITS 1-6 service was made on COURTNEI GORDON as DAUGHTER OF REGISTERED AGENT of the
`within named person's usual place of abode, located at 12182 NW 75th PI., Parkland, FL 33076 who resides therein who is fifteen
`(15) years of age or older and informed said person of the contents therein, in compliance with state statutes of the within named
`corporation pursuant to F.S. 48.081,48.062, in accordance with 48.031.
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`Additional Information pertaining to this Service:
`6/22/2024 1:30 pm Attempted Service 12182 NW 75th PI., Parkland, FL 33076, residence registered agent was not home.
`6/24/2024 11:46 am Attempted service at 12182 NW 75th PI., Parkland, FL 33076 n/a card in door. Car in driveway, registeredagent
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`not available
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`Description of Person Served: Age: 20, Sex: f,Race/Skin Color: black, Height: 5'2", Weight: 150, Hair: black, Glasses: n
`I certifythat I am over the age of 18, have no interest in the above action, and am a Special Process Server in good standing in the
`judicialcircuit in which the process was served. Under penalties of perjury,I declare that I have read the.kgoing Affidavitj\/erified
`Return of service and the facts stated in it are true and correct. Pursuant to F.S. 92.525(2).
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`'t?TJOLJ'-
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`iIL?Li7/
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`66UG NEL.Spd
`SPS 773
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`Gleason Investigations, LLC
`250 Palm Coast Pkwy Ne
`Ste. 607-194
`Palm Coast, FL 32137
`(386) 627-8222
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`Our Job Serial Number: GIA-2024004788
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`Copynghl @ 1992-2024 DreamBum Software, Inc. - Process Servers Toolbox V9.0:
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`11111/Ilill/IHI/Ill/Ill/I/Iilll/Illl
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`

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`Filing# 200496507 E-Filed 06/13/2024 01:57:05 PM
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`COURT
`THE
`THE
`OF
`CIRCUIT
`IN
`SEVENTEENTH JUDICIAL CIRCUIT IN AND
`FOR BROWARD COUNTY, FLORIDA
`
`CIVIL DIVISION
`CASE NO.: CACE-24-008226
`
`TD BANK, NATIONAL ASSOCIATION,
`
`Plaintiff.
`
`VS.
`
`FLORIDA SMILE CENTER PLLC, an active
`and ST
`Florida
`limited
`liabilitycompany,
`GORDON
`CHRISTOPHER
`a/Wa
`A.
`CHRISTOPHER GORDON, an individual,
`
`Defendants.
`
`THE STATE OF FLORIDA:
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`To All and Singularthe Sheriffs of the State:
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`CIVIL ACTION SUMMONS
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`DATE:
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`6/26/24
`TEG,,er.-SRg-
`SERVER:--D-
`ID# BP-5543
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`YOU ARE HEREBY COMMANDED to serve this Summons and Complaint for Breach of
`PromissoryNote and Breach of Commercial Guaranty on the Defendant:
`
`FLORIDA SMILE CENTER PLLC
`c/o RegisteredAgent St ChristopherA. Gordon, DMD
`12182 NW 75thPl.
`Parkland,Florida 33076
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`Each defendant is requiredto serve written defenses to the Complaint on Plaintiffs attorney, to
`wit,whose address is:
`
`Lawrence P. Rochefort,Esquire
`Spencer Sater,Esquire
`Jenna M. Yoss, Esquire
`Akerman LLP
`777 South FlaglerDrive
`Suite 1100 West Tower
`West Palm Beach, FL 33401
`(561) 653-5000
`
`within twenty (20) days after service of this summons on that defendant, exclusive of the day of
`service,and to file the originalof the defenses with the Clerk of this Court either before service
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`76438155: 1
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`

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`ofthe Plaintiffs attorney or immediatelythereafter. If a defendant failsto do so, a default will be
`entered againstthat defendant for the relief demanded in the complaintor petition.
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`WITNESS my hand and the seal of said Court on
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`JUN 14 2024
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`MLIJI-
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`?-G*?0'0T-'?-7
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`Itc..?,J.:?
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`n.liwm?t.IU
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`BRENDA D. FdRMAN
`
`BRENDA D. FORMAN
`Clerk ofthe Court
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`By:
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`Deputy Clerk
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`(CourtSeal)
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`Plaintiffs Attorney
`Lawrence P. Rochefort,Esquire
`Spencer Sater,Esquire
`Jenna M. Yoss, Esquire
`Akerman LLP
`777 South FlaglerDrive
`Suite 1100 West Tower
`West Palm Beach, FL 33401
`(561)653-5000
`
`76438155:1
`
`2
`
`