Whitney Bank v. Swearingen

Filing 69

JUDGMENT in favor of Plf Whitney Bank against Dft Thomas C. Swearingen in the amount of $108,749.87 as set out. Thomas Swearingen's counter-claims against Whitney Bank are DISMISSED w/prejudice. Signed by Judge Callie V. S. Granade on 2/5/2013. (copy mailed to Dft on 2/5/13) (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION WHITNEY BANK, Plaintiff vs. THOMAS SWEARINGEN, Defendant. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 12-0198-CG-C FINAL JUDGMENT In accordance with the memoranda, opinions and orders granting plaintiff’s motions for summary judgment (Docs. 50, 55,65), and there being no just reason for delay pursuant to Rule 54(b) of the Federal Rules of Civil Procedures, it is ORDERED, ADJUDGED and DECREED that judgment is entered in favor of plaintiff, Whitney Bank, formerly known as Hancock Bank of Louisiana, Successor in merger to Whitney National Bank, against defendant, Thomas Swearingen. Whitney Bank is hereby awarded a judgment against Thomas Swearingen in the amount of $108,749.87, which consists of a principle balance in the amount of $65,668.50, accrued interest in the amount of $16,043.65, accrued late fees in the amount of $113.59, appraisal fee in the amount of $975.00, and attorneys’ fees and costs, which are recoverable under the Loan Documents in the amount of $25,949.13. It is further ORDERED that Thomas Swearingen’s counter-claims against Whitney Bank are hereby DISMISSED with prejudice. DONE and ORDERED this 5th day of February, 2013. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE 2

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