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ONE BANK & TRUST, N.A. v. GALEA, 4:11-cv-00567-KGB. (2012)

Court: District Court, E.D. Arkansas Number: infdco20130107d93
Filed: Dec. 07, 2012
Latest Update: Dec. 07, 2012
Summary: JUDGMENT KRISTINE G. BAKER, District Judge. For the reasons set forth in the Court's Opinion and Order entered on December 3, 2012 (Doc. 65), IT IS HEREBY ORDERED AND ADJUDGED THAT Plaintiff, One Bank & Trust, N.A.'s ( "One Bank" or "Plaintiff" ) Motion for Summary Judgment (Doc. 47) is GRANTED in favor of Plaintiff as to Defendants' counterclaims for fraud and mutual mistake, and GRANTED in favor of Plaintiff as to Plaintiff's claims against The Carmelo Galea Family Insurance Trust on that
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JUDGMENT

KRISTINE G. BAKER, District Judge.

For the reasons set forth in the Court's Opinion and Order entered on December 3, 2012 (Doc. 65), IT IS HEREBY ORDERED AND ADJUDGED THAT Plaintiff, One Bank & Trust, N.A.'s ("One Bank" or "Plaintiff") Motion for Summary Judgment (Doc. 47) is GRANTED in favor of Plaintiff as to Defendants' counterclaims for fraud and mutual mistake, and GRANTED in favor of Plaintiff as to Plaintiff's claims against The Carmelo Galea Family Insurance Trust on that certain Promissory Note and Security Agreement, as modified, ("Note No. 177714") and against Carmelo Galea a/k/a Charles Galea on that certain Guaranty Agreement1

THEREFORE, IT IS CONSIDERED, ORDERED AND ADJUDGED that One Bank & Trust, N.A., is hereby granted in personam judgment against Anthony W. Imbimbo, as Trustee of the Carmelo Galea Family Insurance Trust, and Carmelo Galea a/k/a Charles Galea, jointly and severally, in the amount of Two Million Three Hundred Twenty-Four Thousand One Hundred Fifty-Four and 92/100 Dollars ($2,324,154.92), consisting of an unpaid principal balance owed on Note No. 177714 of $1,738,590.00, plus accrued pre-judgment interest as of December 5, 2012 in the amount of $585,564.92, with interest accruing on the judgment pursuant to applicable law; and

IT IS FURTHER CONSIDERED, ORDERED AND ADJUDGED that, pursuant to Rule 54(d), Federal Rules of Civil Procedure, and Local Rule 54.1, One Bank & Trust, N.A., shall also be awarded its court costs, attorney's fees, and related nontaxable expenses in the amounts to be determined by this Court by further proceeding and a separate motion by Plaintiff;

IT IS FURTHER CONSIDERED, ORDERED AND ADJUDGED that this Court retains control of this cause for such orders as may be necessary to enforce and protect the rights of the parties hereto.

IT IS SO ORDERED.

FootNotes


1. Plaintiff's claim against Fae A. Galea has been dismissed without prejudice pursuant to a Stipulation of Dismissal submitted by the parties contemporaneous with this Judgment.
Source:  Leagle

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