Breland et al v. Levada EF Five, LLC

Filing 173

Order on trial by jury held on 2/1, 2/2 & 2/3/16. Rulings on motions made as set out. Jury returned their verdict (attached) in open court as set out. Post trial motions are to be filed NLT 3/4/2016. Any responses to said motions should be filed NLT 3/11/2016. Judgment will be entered separately in accordance w/the verdict of the jury after the court determines the issue regarding attorneys' fees. Signed by Judge Callie V. S. Granade on 2/3/2016. (Attachment: # 1 Verdict) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CHARLES K. BRELAND, JR.,
OSPREY UTAH, LLC,
WATER CANYON HOLDINGS, LLC,
RANGE CREEK HOLDINGS, LLC,
UTAH REVERSE EXCHANGE, LLC,

Plaintiffs,
vs

LEVADA EF FIVE,LLC,

Defendant.

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Civil Action No. 14-00158-CG-C

VERDICT FORM

1. Regarding Plaintiffs' Breach

of Contract Claim for Nonpayment of Property

Taxes:

You should choose one of the following (put an X on the line):

We the jury find

in favor of the Plaintiffs on their

breach of contract claim for Defendant's failure to pay

property taxes on

the Utah property and assess

damages in the amoun tof

or
We the jury find in favor of Defendant on the Plaintiffs'
breach of contract claim for Defendant's failure to pay
property taxes on the Utah property.

***

2.

Regarding Plaintiffs' Breach of Contract Claim for Defendant's Failure to
Perform Development Obligations :
You should choose one of the following (put an X on the line):

We the jury find in favor of the Plaintiffs on their
breach of contract claim based on Defendant's failure to
perform certain development obligations under
Paragraph 8 of the Amended and Restated Agreement
and award specific performance under Paragraph 9 of
the Amended and Restated Agreement.
or:

We the jury find

in favor of the Defendant on the

Plaintiffs' breach of contract claim based

Defendant's failure
obligations.

on

to perform certain development
***

3. Regarding Defendant's Counterclaim for Plaintiffs' Failure

to Deliver

Questar Taps:
You should choose one of the following (put an X on the line):

X

We the jury find in favor of Defendant on its
Counterclaim based on Plaintiffs' failure to deliver the
tof
and assess
in the a
Questar Ta

I

or

We the jury find in favor of Defendant on its

Counterclaim based on Plaintiffs' failure to deliver the
Questar Taps and award Defendant specific
performance under Paragraph 1"4 of the Amended and
Restated Agreement.
or:

2

tt*ct p¡;il

We the jury find in favor of Plaintiffs on Defendant's
Counterclaim based on Plaintiffs' failure to deliver the
Questar Taps.

DATE

FILED IN OPEN COURT THIS

s "d

DAY OF FEBRUARY, 20L6.
CHARLES R. DIARD, JR., CLERK
By
D

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