Potomac Realty Capital, LLC v. Green

Filing 52

PARTIAL FINAL JUDGMENT AS TO COUNT ONE, it is the ORDER, JUDGMENT, and DECREE of the Court that: (1) Judgment is entered on all portions of Count One, except for the claim for damages for costs and fees which Potomac incurred after the date of the fo reclosure to carry on the operations of the residential apartments, in favor of Plf Potomac Realty Capital, LLC and against Dft Mary Green as Guardian and Personal Representative for Steven Green, in the amount of $5,069,812.08, which sum is com prised of: a deficiency balance of $3,265,000.00, accrued and unpaid interest and fees in the amount of $1,143,532.24, and contractually required attorney's fees of $661,279.84. Judgment is also entered on future accruals of inter est beginning on 4/1/2008, in the amount provided by the loan documents, for which execution may issue; (2) Pursuant to 28 USC 1920, costs are taxed in favor of Plf Potomac Realty Capital, LLC and against Dft Mary Green as Guardian and Personal Repre sentative for Steven Green, for which execution may issue; (3) DIRECTING the Clerk to enter this document on the civil docket as a partial final judgment on Count One pursuant to FRCP 54(b) and 56. However, the case shall not be closed as this is only a partial final judgment. Signed by Hon. Chief Judge Mark E. Fuller on 6/2/2009. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION P O T O M A C REALTY CAPITAL, LLC, ) ) P L A IN T IF F , ) ) v. ) C A S E NO. 2:08-cv-204-MEF ) M A R Y GREEN, as Guardian and Personal ) R e p re se n ta tiv e for STEVEN GREEN, an ) (WO- Do Not Publish) in d iv id u a l, ) ) DEFEND AN T. ) P A R T I A L FINAL JUDGMENT AS TO COUNT ONE P u r s u a n t to Federal Rules of Civil Procedure 54(b) and 56 and in accordance with the p r i o r proceedings, opinions, and orders of the Court, it is the ORDER, JUDGMENT, and D E C R E E of the Court that: (1 ) Judgment is entered on all portions of Count One, except for the claim for d am ag es for costs and fees which Potomac incurred after the date of the foreclosure to carry o n the operations of the residential apartments, in favor of Plaintiff Potomac Realty Capital, L L C and against Defendant Mary Green as Guardian and Personal Representative for Steven G re e n , in the amount of $5,069,812.08, which sum is comprised of: a deficiency balance of $ 3 , 2 6 5 , 0 0 0 .0 0 , accrued and unpaid interest and fees in the amount of $1,143,532.24, and co n trac tually required attorney's fees of $661,279.84. Judgment is also entered on future a c cru a ls of interest beginning on April 1, 2008, in the amount provided by the loan d o c u m e n ts , for which execution may issue. (2 ) Pursuant to 28 U.S.C. 1920, costs are taxed in favor of Plaintiff Potomac Realty C a p ita l, LLC and against Defendant Mary Green as Guardian and Personal Representative f o r Steven Green, for which execution may issue. (3 ) The Clerk of the Court is DIRECTED to enter this document on the civil docket a s a partial final judgment on Count One pursuant to Federal Rules of Civil Procedure 54(b) a n d 56. However, the case shall not be closed as this is only a partial final judgment. D O N E this the 2 n d day of June, 2009. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE 2

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