Alberto v. FM Hotel/Office Venture, L.P. (LTD)

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UNITED STATES DISTRICT COURT  
MIDDLE DISTRICT OF FLORIDA  
FORT MYERS DIVISION  
 
KIM ALBERTO,  
 
 Plaintiff , 
 
v. Case No:  2:14-cv-465-FtM-38DNF  
 
FM HOTEL/OFFICE VENTURE, L.P. 
(LTD),  
 
 Defendant . 
 / 
 
ORDER1 
This matter comes before the Court upon Sua Sponte  Review of the Docket Sheet .  
On September 2, 2014, the Clerk’s Office incorrectly docketed an Order  (Doc. #15) 
directing the Clerk of the Court to dismiss the case without prejudice and enter judgment 
acco rdingly.   Later that day, the Dismissal Order was filed in the correct case and a 
disregard notice was p laced on the erroneous Order  in this case .  Nevertheless, on 
September 3, 2014 , the Clerk of the Court entered judgment ( Doc. #16 ) in this case based 
upon the incorrect filing .  The judgment was erroneously entered in the instant action and 
will be vacated  and t he erroneous Order (Doc. #16 ) will be stricken from the record.                 
Accordingly, it is now  
ORDERED:  
                                            
1 Disclaimer:  Documents filed in CM/ECF may contain hyperlinks to other documents or Web sites.  These 
hyperlinks are provided only for users’ convenience.  Users are cautioned that hyperlinked documents in 
CM/ECF are subject to PACER fees.  By allowing hyperlinks to other Web sites, t his court does not endorse, 
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ceases to work or directs the user to some other site does not affect the opinion of the court.  
 Case 2:14-cv-00465-SPC-DNF   Document 17   Filed 09/04/14   Page 1 of 2 PageID 62
2 The Judgment in this case (Doc. #16 ) is hereby VACATED .  The Clerk of  the Court 
is directed to STRIKE  Doc. #16  from the record and remove the document from the file.   
The Clerk of the Court is further directed to re -open this case and change the case flag 
to ope n.       
DONE  and ORDERED  in Fort Myers, Florida this 4th day of September, 2014.  
 
 
 
Copies:  All Parties of Record  
Case 2:14-cv-00465-SPC-DNF   Document 17   Filed 09/04/14   Page 2 of 2 PageID 63