SE Property Holdings, LLC v. Sandy Creek II, LLC et al

Filing 152

JUDGMENT in favor of SE Property Holdings, LLC against Sandy Creek II, LLC, George W. Skipper, III as set out. Signed by Judge Kristi K. DuBose on 1/23/2014. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SE PROPERTY HOLDINGS, LLC, Plaintiff, v. SANDY CREEK II, LLC, et al., Defendants. ) ) ) ) CIVIL ACTION NO. 12-00303-KD-M ) ) ) JUDGMENT In accordance with the Court’s first-entered Order dated June 21, 2013 (Doc. 114), its first-entered Order dated August 23, 2013 (Doc. 127), and its Order dated January 7, 2014 (Doc. 150), it is hereby ORDERED, ADJUDGED, and DECREED that judgment is entered in favor of Plaintiff SE Property Holdings, LLC (“SEPH”) and against Defendant Sandy Creek II, LLC (“SC II”) on SEPH’s claim against SC II asserted in Count I of the Complaint (Doc. 1) and that judgment is entered in favor of SEPH and against Defendant George W. Skipper, III (“Skipper”) on SEPH’s claim against Skipper asserted in Count II of the Complaint.1 Pursuant to said judgments, SEPH is awarded the following amounts: • With respect to Promissory Note 1 (i.e. the amended promissory note dated July 28, 2009, loaning the principal sum of $3,521,057.89), SEPH shall recover from SC II and Skipper, jointly and severally, the amount of $114,438.45, consisting of $113,605.34 in principal and $833.11 in accrued interest as of January 14, 2014, along with interest accruing at a per diem rate of $25.24563 from January 14, 2014, until the date of entry of this Judgment. • 1 With respect to Promissory Note 2 (i.e. the amended promissory note dated July All other Defendants have been dismissed on settlement (Docs. 133, 149), and no part of this Judgment shall apply to them. 28, 2009, loaning the principal sum of $1,999,645.83), SEPH shall recover from SC II and Skipper, jointly and severally, the amount of $128,004.71, consisting of $127,072.85 in principal and $931.86 in accrued interest as of January 14, 2014, along with interest accruing at a per diem rate of $28.23841 from January 14, 2014, until the date of entry of this Judgment. • In addition to the aforementioned amounts, SEPH shall recover from SC II and Skipper, jointly and severally, $235,419.68 in attorneys’ fees, costs, and expenses. DONE and ORDERED this the 23rd day of January 2014. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 2

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