Wells Fargo Bank, N.A. v. McLaney & Associates, P.C. et al

Filing 24

ORDER directing that the 18 Motion for Summary Judgment, as construed by the court in its 21 Order, is GRANTED, as further set out. Signed by Honorable W. Harold Albritton, III on 3/30/11. (scn, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

WELLS FARGO BANK, N.A., Plaintiff, vs. MCLANEY & ASSOCIATES, P.C. and C. KNOX MCLANEY, III, Defendants.

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CIVIL ACTION NO. 2:10cv541-WHA (WO)

ORDER This case is before the court on Plaintiff's Motion for Judgment on the Pleadings (Doc. #18), which the court has construed as a Motion for Summary Judgment, and after the court has given notice to the Defendants on March 14, 2011 (Doc. #21), with no response being filed by the Defendants, the court takes the motion under submission. Upon consideration of all documents in the file, the court finds that the Plaintiff has established that there is no genuine dispute as to any material fact, and that the Plaintiff is entitled to judgment as a matter of law. Therefore, the motion is GRANTED. The court finds that the Plaintiff is entitled to principal in the amount of $412,462.14, accrued and unpaid interest to this date in the amount of $18, 414.05, late fees in the amount of $4,686.73, attorney's fees and costs in the amount of $8,435.84, for a total of $443,998.76, together with postjudgment interest at the statutory rate. Final Judgment will be entered accordingly. DONE this 30th day March, 2011.

/s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE