PNC Bank National Association v. Lake Mechanical Contractors, Inc. et al

Filing 14

AMENDED CONSENT FINAL JUDGMENT NUNC PRO TUNC TO DECEMBER 12, 2016. (See Judgment for details.) The Clerk is directed to vacate the prior consent judgment 13 and close this case. Signed by Judge James S. Moody, Jr. on 12/13/2016. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
CASE NO.: 5:16-cv-492-Oc-30PRL
PNC
BANK,
NATIONAL
ASSOCIATION, successor to RBC
BANK (USA), which was the successor to
FLORIDA CHOICE BANK,
Plaintiff,
v.
LAKE
MECHANICAL
CONTRACTORS, INC., a Florida
corporation, JOHN B. SMITH, an
individual, and EVELYN H. SMITH, an
individual,
Defendants.
_____________________________________/
AMENDED CONSENT FINAL JUDGMENT NUNC PRO TUNC TO
DECEMBER 12, 2016 1
This matter came before the Court upon Plaintiff, PNC Bank, N.A. (“PNC”) and
Defendants John and Evelyn Smith’s Joint Stipulation for Immediate Entry of Consent Final
Judgment (the “Stipulation”) (Doc. 12).
After this Court’s review of the pleadings and the Stipulation, and being duly advised,
it is hereby ORDERED AND ADJUDGED that:

1
This consent judgment is amended to correct the judgment debtor’s address, as well as insert the appropriate
interest rate. It otherwise remains the same. The prior consent judgment (Doc. 13) is vacated.

1.

Plaintiff is due from Defendants John B. Smith (“J. Smith”) and Evelyn H.

Smith (“E. Smith”), jointly and severally on Counts III and IV of the Complaint 2 for breach of
their respective guaranties, the following monetary amounts:
Principal
$514,923.88
Accrued interest through 12/9/16
$27,448.99
(increasing at a per diem rate of $78.67 until date of judgment)
Late Charges
$800.00
Attorneys' Fees
$47,525.00
Costs
$857.92
Total

$591,555.79

which total amount, pursuant to 28 U.S.C. § 1961, shall bear interest at the rate of 0.84 percent
from the date of this judgment until satisfied.
2.

Plaintiff is a citizen of Delaware. Defendants J. Smith and E. Smith are citizens

of Florida. All Defendants were properly served with service of process in this action.
3.

This Court has subject matter jurisdiction over this dispute under 28 U.S.C.

§ 1332 because Defendants are citizens of Florida, whereas, Plaintiff, PNC is a citizen of
Delaware.
4.

Pursuant to the guaranty agreements at issue in this action and described in and

attached to the Complaint, PNC is entitled to recover from Defendants J. Smith and E. Smith
its reasonable attorneys’ fees and costs incurred in relation to their respective breaches of the
guaranty agreements. The Court finds that the amounts of attorneys’ fees and costs described

2

Defendant Lake Mechanical Contractors, Inc. and Counts I and II of the Complaint were voluntarily dismissed
by PNC on September 7, 2016 (Doc. 8).

2

in paragraph 1 were appropriate, reasonably necessary and agreed to by PNC and J. Smith and
E. Smith.
5.

The true and correct physical address of Plaintiff PNC Bank, N.A. is 222

Delaware Avenue, Wilmington, DE 19801.
6.

The true and correct physical address of Defendants J. Smith and E. Smith is

812 Jefferis Ct., Eustis, FL 32726.
7.

For all sums due and owing hereunder let execution issue forthwith.

8.

The Clerk is directed to vacate the prior consent judgment (Doc. 13) and close

this case.
DONE and ORDERED in Chambers, at Tampa, Florida on December 13, 2016.

Copies furnished to:
Counsel/Parties of Record

3