Branch Banking and Trust Company v. National Financial Services, LLC et al

Filing 126

JUDGMENT in favor of Branch Banking and Trust Company against Betty Rogers, effective nunc pro tunc to February 10, 2015. Signed by Judge Gregory A. Presnell on 3/23/2015. (JU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
BRANCH BANKING AND TRUST
COMPANY,
Plaintiff,
v.

Case No: 6:13-cv-1983-Orl-31TBS

NATIONAL FINANCIAL SERVICES,
LLC and BETTY ROGERS,
Defendants.

FINAL JUDGMENT
THIS CAUSE having come before the Court on the Joint Motion for Entry of Separate
Judgment (Doc. 123) filed by Defendant Betty Rogers (“Rogers”) and Plaintiff Branch Banking and
Trust Company (“BB&T”). The Court has reviewed the file and is fully advised. It is hereby
ORDERED and ADJUDGED as follows:
1.

In accordance with this Court’s order dated January 9, 2015 (Doc. 97), summary

judgment is hereby entered in favor of BB&T and against Rogers with respect to the Complaint.
2.

Rogers owes BB&T the following amounts under the term note as of February 10,

2015:
(a)

Unpaid principal:

(b)

Late Fee:

(c)

Interest at contract rate
from 3/18/10-4/10/10:

(d)

Interest at default rate
@18% from 4/11/10-7/31/12:

$580,991.92
$29,191.49

$2,196.63

$241,366.72

(e)

Pledged Policy Payout on 8/1/12:

($270,233.90)

(f)

Interest at default rate @18%
from 8/1/2012-2/10/2015):

$252,473.63

Total:

$835,986.49

BB&T is also entitled to recover reasonable attorney’s fees and costs.
3.

BB&T, whose address is c/o David S. Garbett, Esquire, Brickell City Tower, 80 S.W.

8th Street, Suite 3100, Miami, FL 33130, holds a first lien superior to the right, title and interest of
Rogers and Defendant National Financial Services, LLC (“NFS”) and all others claiming under
Rogers and NFS for the total amount owing as specified in paragraph 2 above on all assets in the
investment account numbered XXX-XX0356 pledged by Rogers and held by NFS (“Investment
Account”) and to possession of all proceeds from the disposition of the assets in the Investment
Account.
4.

The Counterclaim (Doc. 15) is hereby dismissed with prejudice.

5.

As prevailing party, BB&T is entitled to recover reasonable attorney’s fees and costs

against Rogers.
6.

The Court retains jurisdiction to consider BB&T’s amended motion for deficiency

judgment (Doc. 118) including application for reasonable fees and costs.
7.

This final judgment is effective nunc pro tunc to February 10, 2015.

DONE and ORDERED in Chambers, Orlando, Florida on March 23, 2015.

Copies furnished to:
Counsel of Record

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