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BRANCH BANKING & TRUST COMPANY v. NAVARRE 33 INC., 3:10cv10/MCR/EMT. (2012)

Court: District Court, N.D. Florida Number: infdco20120626c87 Visitors: 5
Filed: Jun. 23, 2012
Latest Update: Jun. 23, 2012
Summary: ORDER M. CASEY RODGERS, Chief District Judge. This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated May 21, 2012 (doc. 125). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections. Having considered the Report and Recommendation, and any objections
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ORDER

M. CASEY RODGERS, Chief District Judge.

This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated May 21, 2012 (doc. 125). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.

Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.

2. That BB & T's motion for final summary judgment against Defendants Navarre 33, Inc., Charles W. Clary, III, William R. McKelvy, and James D. McKelvy (doc. 94) is GRANTED.

3. The court finds no just reason for delay of entry of final judgment against Defendants Navarre 33, Inc., Charles W. Clary, III, William R. McKelvy, and James D. McKelvy, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure.

4. BB & T is directed to submit calculations of the current balances of the outstanding indebtedness with principal, accrued interest, late fees and charges, real estate taxes, and the accrued interest rate within FOURTEEN (14) DAYS from the date of docketing of this order.

5. BB & T is awarded its costs and attorney's fees incurred in this action in an amount to be determined by the court.

6. BB & T is directed to file a motion for attorney's fees, in compliance with rule 54.1 of the Local Rules, within FOURTEEN (14) DAYS from the date of docketing of this order.

7. Upon BB & T's filing its calculations of the current balances of the outstanding indebtedness, the clerk is directed to enter final judgment in favor of BB & T and against Defendants Navarre 33, Inc., Charles W. Clary, III, William R. McKelvy, and James D. McKelvy, jointly and severally, in that amount.

Source:  Leagle

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