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KAHAMA VI, LLC v. HJH, LLC, 8:11-cv-2029-T-30TBM. (2014)

Court: District Court, M.D. Florida Number: infdco20141210a13 Visitors: 14
Filed: Dec. 09, 2014
Latest Update: Dec. 09, 2014
Summary: ORDER JAMES S. MOODY, Jr., District Judge. This cause comes before the Court upon the Defendants' Motion for Miscellaneous Relief (Dkt. #434) and Plaintiff's Response to Motion for Private Sale and Cross Motion for Judgment (Dkt. #440), and Defendants' Motion To Strike (Dkt. #445). Defendants request that the Court permit Defendant Robert E.W. McMillan, III to market and sell the property in a private sale for a period of twelve months at a minimum price of $665,000. Plaintiff objects to the
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ORDER

JAMES S. MOODY, Jr., District Judge.

This cause comes before the Court upon the Defendants' Motion for Miscellaneous Relief (Dkt. #434) and Plaintiff's Response to Motion for Private Sale and Cross Motion for Judgment (Dkt. #440), and Defendants' Motion To Strike (Dkt. #445). Defendants request that the Court permit Defendant Robert E.W. McMillan, III to market and sell the property in a private sale for a period of twelve months at a minimum price of $665,000. Plaintiff objects to the private sale, and requests that the Court enter a judgment on the Third Amended Complaint, order a public sale, and appoint a Special Master to conduct the sale. Defendants request that the Court strike Plaintiff's Cross Motions (Dkt. #439 and #440) due to their duplicative requests and failure to abide by Local Rule 3.01(g).

Upon review and consideration, it is therefore

ORDERED AND ADJUDGED that:

1. Defendants' Motion for Miscellaneous Relief (Dkt. #434) is GRANTED in part as more fully set forth in the Foreclosure Judgment and Order of Private Sale (Dkt. #467). 2. Plaintiff's Cross Motion for Sanctions and Contempt (Dkt. #439) is DENIED. 3. Plaintiff's Cross Motion for Judgment (Dkt. #440) is DENIED. 4. Defendants' Motion to Strike (Dkt. #445) is DENIED.

DONE and ORDERED.

Source:  Leagle

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