Wachovia Bank, National Association v. 5300 Peachtree, L.P. et al

Filing 35

JUDGMENT pursuant to 34 Joint Stipulation of Dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that all claims in this action and related to this action be and among the parties are dismissed as follows: (1) As to Wachovia Bank, Nationa l Association, Miles E. Hill, Jr. and Fred Bennett, with prejudice; (2) As to 5300 Peachtree, L.P., without prejudice; further ORDERED that the parties are to bear their own costs; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Myron H. Thompson on 1/27/2009. (furn: yg, hc, ag, sc)(term: PTC for 05/21/2009; Non-Jury Trial for 06/15/2009)(Attachments: # 1 Civil Appeals Checklist)(wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION

WACHOVIA BANK, NATIONAL ) ASSOCIATION, successor by ) merger to SouthTrust Bank, ) ) Plaintiff, ) ) v. ) ) 5300 PEACHTREE, L.P.; ) MILES E. HILL, JR.; and ) FRED BENNETT, ) ) Defendants. ) JUDGMENT

CIVIL ACTION NO. 3:07cv1097-MHT (WO)

Pursuant to the joint stipulation of dismissal (Doc. No. 34), it is the ORDER, JUDGMENT, and DECREE of the court that all claims in this action and related to this action by and among the parties are dismissed as follows: (1) As to Wachovia Bank, National Association, Miles E. Hill, Jr. and Fred Bennett, with prejudice. (2) As to 5300Peachtree, L.P., without prejudice.

It is further ORDERED that the parties are to bear their own costs. 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 the 27th day of January, 2009.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE