RREF RB-AL SLDL, LLC v. Saxon Land Development LLC et al

Filing 59

MEMORANDUM OPINION AND ORDER as follows: (1) Plaintiff RREF RB-AL's 45 Motion for Summary Judgment is GRANTED as to Count I of the Amended Complaint, and Saxon is liable to Plaintiff for outstanding principal in the amount of $639,448.8 3 under the promissory note, accrued and unpaid interest in the amount of $119,857.43, plus additional interest accruing at the per diem rate of $93.25 from November 9, 2012, through the date of this Court's judgment; (2) Plaintiff RRE F RB-AL's 45 Motion for Summary Judgment is GRANTED as to Count II of the Amended Complaint, and Cleveland and Dorsey, as Guarantors, are jointly and severally liable to Plaintiff for the outstanding principal amount of $639,448.83 under the terms of their respective guarantees, accrued and unpaid interest in the amount of $119,857.43, plus additional interest accruing at the per diem rate of $93.25 from November 9, 2012, through the date of this Courts judgment; (3) Plaint iff RREF RB-AL's 45 Motion for Summary Judgment is GRANTED as to Counts III and IV of the Amended Complaint to the extent those claims are alleged against Saxon, but DENIED to the extent those claims are alleged against Cleveland and Dorsey; (4) Plaintiff RREF RB-AL's 45 Motion for Summary Judgment is GRANTED to the extent it seeks an award of reasonable attorneys' fees and costs, and RREFRB-AL is GRANTED LEAVE to supplement the record no later than September 27, 2013, with evidence of the amount of attorneys' fees and costs currently sought, along with evidence of the reasonableness of these claimed fees and expenses; and (4) plaintiff RREF RB-AL's claim for account stated (Count V) remains pending before the Court, as further set out in order. Signed by Honorable Judge Mark E. Fuller on 9/5/13. (Attachments: # 1 civil appeals checklist)(djy, )