Bank of America, N.A. v. Newton et al (CONSENT)(LEAD)

Filing 93

FINAL JUDGMENT, in accordance with the memorandum opinion entered herewith, it is ORDERED and ADJUDGED as follows: (1) judgment be and is hereby ENTERED in favor of the plaintiff and against the defendants on its breach of contract claim, and the pla intiff is AWARDED damages in the amount of $1,063,827.52 in compensatory damages and $166,148.52 in prejudgment interest; (2) judgment be and is hereby ENTERED in favor of the defendants and against the plaintiff on the plaintiff's fra udulent conveyance and breach of fiduciary duty claims, and these claims be and are DISMISSED with prejudice; (3) judgment be and is hereby ENTERED in favor of NOM and against the plaintiff on NOMs breach of contract counterclaim to the extent that N OM is AWARDED damages in the amount of $20,323.00 in compensatory damages and $4335.86 in prejudgment interest; (4) Judgment be and is hereby ENTERED in favor of the plaintiff and against NOM on NOMs counterclaims of conversion and intenti onal interference claims, and these claims be and are hereby DISMISSED with prejudice; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Charles S. Coody on 11/5/12. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
BANK OF AMERICA, N.A.,

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Plaintiff,
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v.
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THOMAS E. NEWTON, et al.,
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Defendants.
)
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BANK OF AMERICA, N.A.,
Plaintiff,
v.
NEWTON OLDACRE
MCDONALD, LLC,
Defendant.

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)
)
)
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)
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)

CIVIL ACT. NO. 2:10cv975-CSC
(WO)

CIVIL ACT. NO. 2:10cv976-CSC
(WO)

FINAL JUDGMENT
In accordance with the memorandum opinion entered herewith, and based on prior
proceedings, orders, and opinions of the Court, it is ORDERED and ADJUDGED as
follows:
1.

Judgment be and is hereby ENTERED in favor of the plaintiff and against the

defendants on its breach of contract claim, and the plaintiff is AWARDED damages in the
amount of $1,063,827.52 in compensatory damages and $166,148.52 in prejudgment interest
2.

Judgment be and is hereby ENTERED in favor of the defendants and against

the plaintiff on the plaintiff’s fraudulent conveyance and breach of fiduciary duty claims,
and these claims be and are DISMISSED with prejudice.
3.

Judgment be and is hereby ENTERED in favor of NOM and against the

plaintiff on NOM’s breach of contract counterclaim to the extent that NOM is AWARDED
damages in the amount of $20,323.00 in compensatory damages and $4335.86 in
prejudgment interest.
4.

Judgment be and is hereby ENTERED in favor of the plaintiff and against

NOM on NOM’s counterclaims of conversion and intentional interference claims, and these
claims be and are hereby DISMISSED with prejudice.
The Clerk of the Court is DIRECTED to enter this document on the civil docket as
a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
Done this 5th day of November, 2012.

/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE