Regions Bank v. Kaplan et al

Filing 853

OMNIBUS FINAL JUDGMENT on all claims asserted by Plaintiff Regions Bank, all counterclaim/crossclaims asserted by Marvin I. Kaplan, R1A Palms, LLC, Triple Net Exchange, LLC, MK Investing, LLC, BNK Smith, LLC, and the counterclaims asserted by Bridgeview Bank Group. Signed by Judge Elizabeth A. Kovachevich on 11/15/2017. (JM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
REGIONS BANK, an Alabama
banking corporation,
Plaintiff,
v.

CASE NO. 8:12-CV-1837-T-17MAP

MARVIN I. KAPLAN, an individual;
R1A PALMS, LLC, a Florida limited
liability company; LIGHTHOUSE
POINTE, LLC, a Florida limited
liability company; WELLS FARGO,
BANK, N.A., a national banking
association, as successor by merger
with Wachovia Bank, N.A., TRIPLE
NET EXCHANGE, LLC, a Delaware
limited liability company; MK
INVESTING, LLC, a Florida limited
liability company; BNK SMITH, LLC,
a Florida limited liability company;
and SMITH ADVERTISING &
ASSOCIATES, INC., a North
Carolina corporation.
Defendants.

/

FINAL JUDGMENT IN A CIVIL CASE
Decision by Court.

This action came before the Court and a decision has been

rendered.
Dkt. 671
Dkt. 190

Corrected Second Amended Complaint of Regions Bank
Second Amended Complaint of Regions Bank

Case No. 8:12-CV-1837-T-17MAP

Count I

Breach of Deposit Agreement against R1A Palms, LLC
A decision was rendered on Count I on April 18, 2016 (Dkt. 652). It is
hereby ordered that final judgment is entered in favor of Regions Bank,
and against R1A Palms LLC in the amount of $3,366,007.52, plus
prejudgment interest of $942,400.31 until November 9, 2017, and
prejudgment interest of $493.66 daily until entry of final judgment.
Jurisdiction is reserved to determine entitlement to attorney’s fees
and costs (Dkt. 851).

Count II

Obligation of Reimbursement against R1A Palms. LLC under
Sec. 674.207(2), FJa. Stat.
A decision was rendered on Count II on April 18, 2016 (Dkt. 652). It is
hereby ordered that final judgment is entered in favor of Regions Bank,
and against R1A Palms LLC in the amount of $3,366,007.52, plus
prejudgment interest of $942,400.31 until November 9, 2017, and
prejudgment interest of $493.66 daily until entry of final judgment.
Jurisdiction is reserved to determine entitlement to expenses (Dkt. 851).

Count III

Obligation of Refund against R1A Palms, LLC under Sec.
674.2141(1), FJa. Stat.
A decision was rendered on Count III on April 18, 2016 (Dkt. 652). It is
hereby ordered that final judgment is entered in favor of Regions Bank,
and against R1A Palms LLC in the amount of $3,366,007.52, plus
prejudgment interest of $942,400.31 until November 9, 2017, and
prejudgment interest of $493.66 daily until entry of final judgment (Dkt.
851).

Count IV

Obligation of Indorser against R1A Palms, LLC under Sec.
673.4151.(1), Fla. Stat.
A decision was rendered on Count IV on April 18, 2016 (Dkt. 652). It is
hereby ordered that final judgment is entered in favor of Regions Bank,
and against R1A Palms LLC in the amount of $3,366,007.52, plus
prejudgment interest of $942,400.31 until November 9, 2017, and
prejudgment interest of $493.66 daily until entry of final judgment (Dkt.
851).
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Case No. 8:12-CV-1837-T-17MAP

CountV

Conversion against R1A Palms, LLC
A decision was rendered on Count V on April 18, 2016 (Dkt. 654). It is
hereby ordered that final judgment is entered in favor of R1A Palms, LLC
and against Regions Bank.

Count VI

Fraudulent Concealment against R1A Palms, LLC
A decision was rendered on Count VI on June 23, 2017 (Dkt. 826). It is
hereby ordered that final judgment is entered in favor of R1A Palms, LLC
and against Regions Bank.

Count VII

Aiding/Abetting against R1A Palms, LLC
A decision was rendered on Count VII on June 23, 2017 (Dkt. 826). It is
hereby ordered that final judgment is entered in favor of R1A Palms, LLC
and against Regions Bank.

Count VIII

Breach of Deposit Agreement against Triple Net Exchange, LLC
A decision was rendered on Count VIII on April 18, 2016 (Dkt. 652). It is
hereby ordered that final judgment is entered in favor of Regions Bank,
and against Triple Net Exchange LLC in the amount of $1,689,590.03,
plus prejudgment interest in the amount of $467,513.70 until November
9, 2017, and prejudgment interest of $247.65 daily until entry of final
judgment (Dkt. 851). Jurisdiction is reserved to determine entitlement to
attorney’s fees and costs.

Count IX

Obligation of Reimbursement against Triple Net Exchange, LLC
under Sec. 674.207(2), Fja. Stat.
A decision was rendered on Count IX on April 18, 2016 (Dkt. 652). It is
hereby ordered that final judgment is entered in favor of Regions Bank,
and against Triple Net Exchange LLC in the amount of $1,689,590.03,
plus prejudgment interest in the amount of $467,513.70 until November
9, 2017, and prejudgment interest of $247.65 daily until entry of final
judgment (Dkt. 851). Jurisdiction is reserved to determine entitlement to
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Case No. 8:12-CV-1837-T-17 MAP
expenses.
Count X

Obligation of Refund against Triple Net Exchange, LLC under Sec.
674.2141(1), Fla. Stat.
A decision was rendered on Count X on April 18, 2016 (Dkt. 652). It is
hereby ordered that final judgment is entered in favor of Regions Bank,
and against Triple Net Exchange LLC in the amount of $1,689,590.03,
plus prejudgment interest in the amount of $467,513.70 until November
9, 2017, and prejudgment interest of $247.65 daily until entry of final
judgment (Dkt. 851).

Count XI

Obligation of Indorser against Triple Net Exchange, LLC under Sec.
673.4151.(1), Fja. Stat.
A decision was rendered on Count XI on April 18, 2016 (Dkt. 652). It is
hereby ordered that final judgment is entered in favor of Regions Bank,
and against Triple Net Exchange LLC in the amount of $1,689,590.03,
plus prejudgment interest in the amount of $467,513.70 until November
9, 2017, and prejudgment interest of $247.65 daily until entry of final
judgment (Dkt. 851).

Count XII

Conversion against Triple Net Exchange, LLC
A decision was rendered on Count XII on April 18, 2016 (Dkt. 654). It is
hereby ordered that final judgment is entered in favor of Triple Net
Exchange, LLC and against Regions Bank.

Count XIII

Fraudulent Concealment against Triple Net Exchange, LLC
A decision was rendered on Count XIII on June 23, 2017 (Dkt. 826). It
is hereby ordered that final judgment is entered in favor of Triple Net
Exchange, LLC and against Regions Bank.

Count XIV

Aiding/Abetting against Triple Net Exchange, LLC
A decision was rendered on Count XIV on June 23, 2017 (Dkt. 826). It
is hereby ordered that final judgment is entered in favor of Triple Net
Exchange, LLC and against Regions Bank.

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Case No. 8:12-CV-1837-T-17MAP

Count XV

Breach of Deposit Agreement against MK Investing, LLC
A decision was rendered on Count XV on April 18, 2016 (Dkt. 652). It is
hereby ordered that final judgment is entered in favor of Regions Bank,
and against MK Investing, LLC in the amount of $1,178, 923.79 plus
prejudgment interest of $326,222.14 to November 9, 2017, and
prejudgment interest of $173.00 daily until entry of final judgment.
Jurisdiction is reserved to determine entitlement to attorney’s
fees and costs (Dkt. 851).

Count XVI

Obligation of Reimbursement against MK Investing, LLC
under Sec. 674.207(2), Fja. Stat.
A decision was rendered on Count XVI on April 18, 2016 (Dkt. 652). It is
hereby ordered that final judgment is entered in favor of Regions Bank,
and against MK Investing, LLC in the amount of $1,178, 923.79 plus
prejudgment interest of $326,222.14 to November 9, 2017, and
prejudgment interest of $173.00 daily until entry of final judgment
(Dkt. 851). Jurisdiction is reserved to determine entitlement to expenses.

Count XVII

Obligation of Refund against MK Investing, LLC under Sec.
674.2141(1), Fja. Stat.
A decision was rendered on Count XVII on April 18, 2016 (Dkt. 652). It is
hereby ordered that final judgment is entered in favor of Regions Bank,
and against MK Investing, LLC in the amount of $1,178, 923.79 plus
prejudgment interest of $326,222.14 to November 9, 2017, and
prejudgment interest of $173.00 daily until entry of final judgment
(Dkt. 851).

Count XVIII Obligation of Indorser against MK Investing, LLC under Sec.
673.4151.(1), Fla. Stat.
A decision was rendered on Count XVIII on April 18, 2016 (Dkt. 652). It
is hereby ordered that final judgment is entered in favor of Regions Bank,
and against MK Investing, LLC in the amount of $1,178, 923.79 plus
prejudgment interest of $326,222.14 to November 9, 2017, and
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Case No. 8:12-CV-1837-T-17MAP
prejudgment interest of $173.00 daily until entry of final judgment
(Dkt. 851).
Count XIX

Conversion against MK Investing, LLC
A decision was rendered on Count XIX on April 18, 2016 (Dkt. 654). It is
hereby ordered that final judgment is entered in favor of MK
Investing, LLC and against Regions Bank.

Count XX

Fraudulent Concealment against MK Investing, LLC
A decision was rendered on Count XX on June 23, 2017 (Dkt. 826).
It is hereby ordered that final judgment is entered in favor of MK
Investing, LLC and against Regions Bank.

Count XXI

Aiding/Abetting against MK Investing, LLC
A decision was rendered on Count XXI on June 23, 2017 (Dkt. 826).
It is hereby ordered that final judgment is entered in favor of MK
Investing, LLC and against Regions Bank.

Count XXII

Breach of Deposit Agreement against BNK Smith, LLC
A decision was rendered on Count XXII on April 18, 2016 (Dkt. 652). It is
hereby ordered that final judgment is entered in favor of Regions Bank
against BNK Smith, LLC in the amount of $164,379.01 plus prejudgment
interest of $48,485.23 to November 9, 2017 and prejudgment interest of
$24.12 daily until entry of final judgment. Jurisdiction is reserved
to determine entitlement to attorney’s fees and costs (Dkt. 851).

Count XXIII

Obligation of Reimbursement against BNK Smith, LLC
under Sec. 674.207(2), Ha. Stat.
A decision was rendered on Count XXIII on April 18, 2016 (Dkt. 652). It
is hereby ordered that final judgment is entered in favor of Regions Bank
against BNK Smith, LLC in the amount of $164,379.01 plus prejudgment
interest of $48,485.23 to November 9, 2017 and prejudgment interest of
$24.12 daily until entry of final judgment. Jurisdiction is reserved to
determine entitlement to expenses (Dkt. 851).
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Case No. 8:12-CV-1837-T-17MAP

Count XXIV Obligation of Refund against BNK Smith, LLC under Sec.
674.2141(1), Fla. Stat.
A decision was rendered on Count XXIV on April 18, 2016 (Dkt. 652). It
is hereby ordered that final judgment is entered in favor of Regions Bank
against BNK Smith, LLC in the amount of $164,379.01 plus prejudgment
interest of $48,485.23 to November 9, 2017 and prejudgment interest of
$24.12 daily until entry of final judgment (Dkt. 851).

Count XXV

Obligation of Indorser against BNK Smith, LLC under Sec.
673.4151.(1), Fla. Stat.
A decision was rendered on Count XXV on April 18, 2016 (Dkt. 652). It is
hereby ordered that final judgment is entered in favor of Regions Bank
against BNK Smith, LLC in the amount of $164,379.01 plus prejudgment
interest of $48,485.23 to November 9, 2017 and prejudgment interest of
$24.12 daily until entry of final judgment (Dkt. 851).

Count XXVI Conversion against BNK Smith, LLC
A decision was rendered on Count XXVI on April 18, 2016 (Dkt. 654).
It is hereby ordered that final judgment is entered in favor of BNK
Smith, LLC and against Regions Bank.
Count XXVII Fraudulent Concealment against BNK Smith, LLC
A decision was rendered on Count XXVII on June 23, 2017 (Dkt. 826).
It is hereby ordered that final judgment is entered in favor of BNK
Smith, LLC and against Regions Bank.
Count XXVIII Aiding/Abetting against BNK Smith, LLC
A decision was rendered on Count XXVIII on June 23, 2017 (Dkt. 826).
It is hereby ordered that final judgment is entered in favor of BNK
Smith, LLC and against Regions Bank.

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Case No. 8:12-CV-1837-T-17MAP
Count XXIX Fraudulent Concealment against Marvin I. Kaplan
A decision was rendered on Count XXIX on June 23, 2017 (Dkt. 826).
It is hereby ordered that final judgment is entered in favor of Marvin I.
Kaplan and against Regions Bank.
Count XXX

Aiding/Abetting Conversion against Marvin I. Kaplan
A decision was rendered on Count XXX on April 18, 2016 (Dkt. 654).
It is hereby ordered that final judgment is entered in favor of Marvin
I. Kaplan and against Regions Bank.

Count XXXI Conversion against Marvin I. Kaplan

A decision was rendered on Count XXXI on April 18, 2016 (Dkt. 654).
It is hereby ordered that final judgment is entered in favor of Marvin
I. Kaplan and against Regions Bank.
Count XXXII Civil Conspiracy against Marvin I. Kaplan, R1A Palms, LLC, Triple Net
Exchange, LLC, MK Investing, LLC, BNK Smith, LLC

A decision was rendered on Count XXXII on June 23, 2017 (Dkt.
826). The decision designated Count XXXII as Count XXXIII in error.
It is hereby ordered that final judgment is entered in favor of Marvin
I. Kaplan, R1A Palms, LLC, Triple Net Exchange, LLC, MK Investing,
LLC and BNK Smith, LLC and against Regions Bank.

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Case No 8:12-CV-1837-T-17MAP
Dkt. 93

Amended Counterclaim and Crossclaims of Marvin I. Kaplan, R1A Palms,
LLC, Triple Net Exchange, LLC, MK Investing, LLC, BNK Smith, LLC

Count I

Fraud against Charles L. Starr, III, a/k/a Larry Starr, G. Todd Smith
a/k/a Todd Smith and Smith Advertising & Associates, Inc.
A decision was rendered on Count I on March 22, 2013 (Dkt. 84) and
on March 31, 2014 (Dkt. 244) as to Defendant Starr. A decision was
rendered on November 7, 2017 as to G. Todd Smith a/k/a Todd Smith
and Smith Advertising & Associates, Inc. (Dkt. 848).
It is hereby ordered that a final judgment dismissing Count I with
prejudice is entered in favor of Charles L. Starr, III, a/k/a Larry Starr, G.
Todd Smith, a/k/a Todd Smith and Smith Advertising & Associates,
Inc., and against R1A Palms, LLC, Triple Net Exchange,
LLC, MK Investing, LLC and BNK Smith, LLC.

Count II

Conspiracy to Defraud against Charles L. Starr, III, a/k/a Larry Starr,
G. Todd Smith a/k/a Todd Smith, Gary T. Smith, Lucy B. Smith,
Bridgeview Bank Group and Smith Advertising & Associates, Inc.
A decision was rendered on Count II on April 19, 2016 (Dkt. 657) as to
Defendant Starr. A decision was rendered on Count II on April 18, 2016
as to Defendant Bridgeview Bank Group (Dkt. 655). A decision was
rendered on Count II on November 7, 2017 as to G. Todd Smith a/k/a
Todd Smith, Gary T. Smith, Lucy B. Smith, and Smith Advertising &
Associates, Inc. (Dkt. 848).
It is hereby ordered that a final judgment dismissing Count II with
prejudice is entered in favor of Defendant Charles L. Starr, III, a/k/a
Larry Starr, G. Todd Smith a/k/a Todd Smith, Gary T. Smith, Lucy B.
Smith, Bridgeview Bank Group and Smith Advertising & Associates, Inc.,
and against R1A Palms. LLC, Triple Net Exchange, LLC,
MK Investing, LLC and BNK Smith, LLC.

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Case No. 8:12-CV-1837-T-17MAP

Count III

Negligent Misrepresentation against Charles L. Starr, III, a/k/a Larry Starr,
G. Todd Smith a/k/a Todd Smith and Smith Advertising & Associates, Inc.
A decision was rendered on Count III on March 22, 2013 (Dkt. 84) and
on March 31, 2014 (Dkt. 244) as to Defendant Starr. A decision was
rendered on November 7, 2017 as to Defendants G. Todd Smith a/k/a
Todd Smith and Smith Advertising & Associates, Inc. (Dkt. 848).
It is hereby ordered that a final judgment dismissing Count III with
prejudice is entered in favor of Defendant Charles L. Starr, III, a/k/a
Larry Starr, G. Todd Smith a/k/a Todd Smith, and Smith Advertising &
Associates, Inc., and against R1A Palms. LLC, Triple Net Exchange, LLC,
MK Investing, LLC and BNK Smith, LLC.

Count IV

Violation of 18 U.S.C. Secs. 1962(c) and 1964 against Charles L. Starr,
III, a/k/a Larry Starr, G. Todd Smith a/k/a Todd Smith, Gary T. Smith, Lucy
B. Smith, Bridgeview Bank Group and Smith Advertising & Associates,
Inc.
A decision was rendered on Count IV on March 30, 2015 (Dkt. 351) as to
Defendant Starr. A decision was rendered on Count IV on May 14, 2015
(Dkt. 378) as to Defendant Bridgeview Bank Group. A decision was
rendered on November 7, 2017 on Count IV as to Defendants G. Todd
Smith a/k/a Todd Smith, Gary T. Smith, Lucy B. Smith, and Smith
Advertising & Associates, Inc. (Dkt. 848).
It is hereby ordered that a final judgment dismissing Count IV with
prejudice is entered in favor of Defendant Charles L. Starr, III, a/k/a
Larry Starr, G. Todd Smith a/k/a Todd Smith, Gary T. Smith, Lucy B.
Smith, Bridgeview Bank Group and Smith Advertising & Associates, Inc.,
and against R1A Palms, LLC, Triple Net Exchange, LLC, MK Investing,
LLC and BNK Smith, LLC.

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Case No. 8:12-CV-1837-T-17MAP

CountV

Violation of 18 U.S.C. Secs. 1962(d) and 1964 against Charles L. Starr,
III, a/k/a Larry Starr, G. Todd Smith a/k/a Todd Smith, Gary T. Smith, Lucy
B. Smith, Bridgeview Bank Group and Smith Advertising & Associates,
Inc.
A decision was rendered on Count V on March 30, 2015 (Dkt. 351) as to
Defendant Starr. A decision was rendered on Count V on May 14, 2015
(Dkt. 378) as to Defendant Bridgeview Bank Group. A decision was
rendered on November 7, 2017 on Count V as to Defendants G. Todd
Smith a/k/a Todd Smith, Gary T. Smith, Lucy B. Smith, and Smith
Advertising & Associates, Inc. (Dkt. 848).
It is hereby ordered that a final judgment dismissing Count V with
prejudice is entered in favor of Defendant Charles L. Starr, III, a/k/a
Larry Starr, G. Todd Smith a/k/a Todd Smith, Gary T. Smith, Lucy B.
Smith, Bridgeview Bank Group, and Smith Advertising & Associates, Inc.,
and against R1A Palms, LLC, Triple Net Exchange, LLC, MK Investing,
LLC and BNK Smith, LLC.

Count VI

Violation of Secs. 772.103(3) and 772.104, Fja. Stat.. against Charles L.
Starr, III, a/k/a Larry Starr, G. Todd Smith a/k/a Todd Smith, Gary T.
Smith, Lucy B. Smith, Bridgeview Bank Group and Smith Advertising &
Associates, Inc.
A decision was rendered on Count VI on March 30, 2015 (Dkt. 351) as to
Defendant Starr. A decision was rendered on Count VI on May 14, 2015
(Dkt. 378) as to Defendant Bridgeview Bank Group. A decision was
rendered on November 7, 2017 on Count VI as to Defendants G. Todd
Smith a/k/a Todd Smith, Gary T. Smith, Lucy B. Smith, and Smith
Advertising & Associates, Inc. (Dkt. 848).
It is hereby ordered that a final judgment dismissing Count VI with
prejudice is entered in favor of Defendant Charles L. Starr, III, a/k/a
Larry Starr, G. Todd Smith a/k/a Todd Smith, Gary T. Smith, Lucy B.
Smith, Bridgeview Bank Group, and Smith Advertising & Associates, Inc.,
and against R1A Palms, LLC, Triple Net Exchange, LLC, MK Investing,
LLC and BNK Smith, LLC.

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Count VII

Violation of Secs. 772.103(4) and 772.104, Ha. Stat.. against Charles L.
Starr, III, a/k/a Larry Starr, G. Todd Smith a/k/a Todd Smith, Gary T.
Smith, Lucy B. Smith, Bridgeview Bank Group and Smith Advertising &
Associates, Inc.
A decision was rendered on Count VII on March 30, 2015 (Dkt. 351) as to
Defendant Starr. A decision was rendered on Count VII on May 14, 2015
(Dkt. 378) as to Defendant Bridgeview Bank Group. A decision was
rendered on November 7, 2017 on Count VII as to Defendants G. Todd
Smith a/k/a Todd Smith, Gary T. Smith, Lucy B. Smith, and Smith
Advertising & Associates, Inc. (Dkt. 848).
It is hereby ordered that a final judgment dismissing Count VII with
prejudice is entered in favor of Defendant Charles L. Starr, III, a/k/a
Larry Starr, G. Todd Smith a/k/a Todd Smith, Gary T. Smith, Lucy B.
Smith, Bridgeview Bank Group, and Smith Advertising & Associates, Inc.,
and against R1A Palms, LLC, Triple Net Exchange, LLC, MK Investing,
LLC and BNK Smith, LLC.

Count VIII

Violation of Sec. 772.11, Fja. Stat.. against G. Todd Smith a/k/a Todd
Smith, Gary T. Smith, Lucy B. Smith, and Smith Advertising & Associates,
Inc.
A decision was rendered on Count VIII on November 7, 2017 (Dkt. 848).
An order correcting the respective amounts of prejudgment interest
and adding prejudgment interest to November 14, 2017 was entered on
November 15, 2017.
It is hereby ordered that a joint and several final judgment is entered
against G. Todd Smith a/k/a Todd Smith, Gary T. Smith, Lucy B. Smith,
and Smith Advertising & Associates, Inc. and in favor of R1A Palms,
LLC, Triple Net Exchange, LLC, MK Investing, LLC, and BNK Smith,
LLC as follows::
A.

Damages in the following amounts:
1.$47,598,983.00 to R1A Palms, LLC;
2.

$11,246,494.00 to Triple Net Exchange, LLC
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3.
4.
B.

$7,795,449.47 to MK Investing, LLC;
$2,963,804.18 to BNK Smith, LLC.

Prejudgment Interest in the following amounts:
1.

$4,081,414.89 to R1A Palms, LLC

2.

$1,037,076.82 to Triple Net Exchange, LLC

3.

$698,100.01 to MK Investing, LLC

4.

$270,001.35 to BNK Smith, LLC.

The Court further awards attorney’s fees in the amount of $40,609.00 in
favor of R1A Palms, LLC, Triple Net Exchange, LLC, MK Investing, LLC,
and BNK Smith, LLC. This Final Judgment shall accrue post-judgment
interest pursuant to 28 U.S.C. Sec. 1961, for which sum execution shall
issue.
Count IX

Conversion against G. Todd Smith a/k/a Todd Smith, Gary T. Smith, Lucy
B. Smith, and Smith Advertising & Associates, Inc.
A decision was rendered on Count IX on November 7, 2017 (Dkt. 848).
It is hereby ordered that a final judgment dismissing Count IX with
prejudice is entered in favor of G. Todd Smith a/k/a Todd Smith, Gary T.
Smith, Lucy B. Smith, and Smith Advertising & Associates, Inc., and
against R1A Palms, LLC, Triple Net Exchange, LLC, MK Investing, LLC
and BNK Smith, LLC.

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Count X

Violation of Florida’s Deceptive and Unfair Trade Practices Act against
G. Todd Smith a/k/a Todd Smith, Gary T. Smith, Lucy B. Smith,
Bridgeview Bank Group and Smith Advertising & Associates, Inc.
A decision was rendered on Count X on March 31, 2014 (Dkt. 244)
and on April 18, 2016 as to Bridgeview Bank Group (Dkt. 655). A
decision was rendered on Count X on November 7, 2017 as to
Defendants G. Todd Smith a/k/a Todd Smith, Gary T. Smith, Lucy B.
Smith, and Smith Advertising & Associates, Inc. (Dkt. 848).
It is hereby ordered that a final judgment dismissing Count X with
prejudice is entered in favor of G. Todd Smith a/k/a Todd Smith, Gary T.
Smith, Lucy B. Smith, Bridgeview Bank Group and Smith Advertising &
Associates, Inc., and against R1A Palms, LLC, Triple Net Exchange,
LLC, MK Investing, LLC and BNK Smith, LLC.

Count XI

Violation of Sec. 68.065. Fla. Stat.. against Smith Advertising &
Associates, Inc.
A decision was rendered on Count XI on November 7, 2017 (Dkt. 848).
It is hereby ordered that a final judgment dismissing Count XI with
prejudice is entered in favor of Smith Advertising & Associates, Inc. and
against R1A Palms, LLC, Triple Net Exchange, LLC, MK Investing, LLC
and BNK Smith, LLC.

Count XII

Breach of Contract against G. Todd Smith a/k/a Todd Smith, Gary T.
Smith, and Smith Advertising & Associates, Inc.
A decision was rendered on Count XII on November 7, 2017 (Dkt. 848).
It is hereby ordered that a final judgment dismissing Count XII with
prejudice is entered in favor of G. Todd Smith a/k/a Todd Smith, Gary T.
Smith, and Smith Advertising & Associates, Inc., and against R1A
Palms, LLC, Triple Net Exchange, LLC, MK Investing, LLC and BNK
Smith, LLC.

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Count XIII

Breach of UCC Sec. 4-302(a) against Bridgeview Bank Group
A decision was rendered on Count XIII on April 18, 2016 (Dkt. 655).
It is hereby ordered that a final judgment on Count XIII
is entered in favor of Bridgeview Bank Group and
against R1A Palms, LLC, Triple Net Exchange, LLC, MK
Investing, LLC and BNK Smith, LLC.

Count XIV

Breach of UCC Sec. 4-302(a) against Wells Fargo, N.A.
A decision was rendered on Count XIV on April 18, 2016 (Dkt. 656).
It is hereby ordered that a final judgment on Count XIV
is entered in favor of Wells Fargo, N.A. and against R1A Palms,
LLC, Triple Net Exchange, LLC, MK Investing, LLC and BNK
Smith, LLC.

Count XV

Breach of 12 C.F.R. Part 229 against Bridgeview Bank Group
A decision was rendered on Count XV on April 18, 2016 (Dkt. 655).
It is hereby ordered that a final judgment on Count XV
is entered in favor of Bridgeview Bank Group and
against R1A Palms, LLC, Triple Net Exchange, LLC, MK Investing, LLC
and BNK Smith, LLC.

Count XVI

Breach of 12 C.F.R. Part 229 against Wells Fargo, N.A.
A decision was rendered on Count XVI on April 18, 2016 (Dkt. 656).
It is hereby ordered that a final judgment on Count
XVI is entered in favor of Wells Fargo, N.A.
and against R1A Palms, LLC, Triple Net Exchange, LLC,
MK Investing, LLC and BNK Smith, LLC.

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Count XVII

Negligence against Bridgeview Bank Group
A decision was rendered on Count XVII on April 18, 2016 (Dkt. 655).
It is hereby ordered that a final judgment on Count
XVII is entered in favor of Bridgeview Bank
Group and against R1A Palms, LLC, Triple Net Exchange, LLC,
MK Investing, LLC and BNK Smith, LLC.

Count XVIII

Negligence against Wells Fargo, N.A.
A decision was rendered on Count XVIII on April 18, 2016 (Dkt. 656).
It is hereby ordered that a final judgment on Count
XVIII is entered in favor of Wells Fargo, N.A. and against
R1A Palms, LLC, Triple Net Exchange, LLC,
MK Investing, LLC and BNK Smith, LLC.

Count XIX

Fraud against Bridgeview Bank Group
A decision was rendered on Count XIX on April 18, 2016 (Dkt. 655).
It is hereby ordered that a final judgment on Count XIX is
entered in favor of Bridgeview Bank Group and against
R1A Palms, LLC, Triple Net Exchange, LLC, MK Investing, LLC
and BNK Smith, LLC.

Count XX

Negligent Misrepresentation against Bridgeview Bank Group
A decision was rendered on Count XX on April 18, 2016 (Dkt. 655).
It is hereby ordered that a final judgment on Count XX is entered
In favor of Bridgeview Bank Group and against R1A Palms, LLC,
Triple Net Exchange, LLC, MK Investing, LLC and BNK Smith, LLC.

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Case No. 8:12-CV-1837-T-17MAP

Count XXI

Defamation Per Se against Regions Bank, Florida Bankers
Association, Inc., Robert Nicholas Shaw
A decision was rendered on Count XXI on March 31, 2014 (Dkt. 244).
It is hereby ordered that a final judgment on Count XXI is
entered in favor of Regions Bank, Florida Bankers
Association, Inc. and Robert Nicholas Shaw, and against
Marvin I. Kaplan, R1A Palms, LLC, Triple Net Exchange, LLC,
MK Investing, LLC and BNK Smith, LLC.

Count XXII

Invasion of Privacy against Regions Bank, Florida Bankers
Association, Inc., Robert Nicholas Shaw
A decision was rendered on Count XXII on March 31, 2014 (Dkt. 244).
It is hereby ordered that a final judgment on Count XXII is
entered in favor of Regions Bank, Florida Bankers Association,
Inc. and Robert Nicholas Shaw, and against Marvin I.
Kaplan, R1A Palms, LLC, Triple Net Exchange, LLC,
MK Investing, LLC and BNK Smith, LLC.

Count XXIII

Negligence/Negligent Misrepresentation against Regions Bank
A decision was rendered on Count XXIII on April 18, 2016 (Dkt. 652).
It is hereby ordered that a final judgment on Count XXIII is
entered in favor of Regions Bank and against R1A Palms, LLC,
Triple Net Exchange, LLC, MK Investing, LLC and BNK Smith, LLC.

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Case No. 8:12-CV-1837-T-17MAP

Dkt. 271

Counterclaim of Bridgeview Bank Group

Count I

Violation of Secs. 772.103(3) and 772.104, Fla. Stat..
against R1A Palms, LLC, Triple Net Exchange, LLC,
MK Investing, LLC and BNK Smith LLC
A decision was rendered on Count I on March 30, 2015 (Dkt. 353).
It is hereby ordered that a final judgment of dismissal on Count I is
entered in favor of R1A Palms, LLC, Triple Net Exchange, LLC,
MK Investing, LLC and BNK Smith, LLC and against Bridgeview Bank
Group.

Count II

Violation of Secs. 772.103(4) and 772.104. Fla. Stat..
against Marvin I. Kaplan, R1A Palms, LLC, Triple Net
Exchange, LLC, MK Investing, LLC, BNK Smith, LLC
A decision was rendered on Count II on March 30, 2015 (Dkt. 353).
It is hereby ordered that a final judgment of dismissal on Count II
is entered in favor of Marvin I. Kaplan, R1A Palms, LLC, Triple Net
Exchange, LLC, MK Investing, LLC and BNK Smith, LLC, and
against Bridgeview Bank Group.

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Case No. 8:12-CV-1837-T-17MAP

DONE and ORDERED in Chambers in Tampa, Florida on this
November, 2017.

Copies to:
All parties and counsel of record

19

day of

CIVIL APPEALS JURISDICTION CHECKLIST
A p p e a la b le O r d e r s : Courts o f A ppeals have ju risdiction conferred and strictly limited by statute:

(& )

A p p e a ls fr o m fin al o r d e r s p u rsu a n t to 28 U .S.C . S ection 1291: O nly final orders and judgm ents o f district courts, or final orders
o f bankruptcy courts w hich have been appealed to and fully resolved by a district court under 28 U .S.C. Section 158, generally are
appealable. A final d ecision is on e that “ ends the litigation on the merits and leaves nothing for the court to do but execute the
ju dgm ent.” Pitney B o w e s, Inc. V . M estre, 701 F.2d 1365,1 368 ( 1 1th Cir. 1983). A magistrate ju d g e ’ s report and recom m endation
is not final and appealable until ju d gm en t thereon is entered by a district court ju d ge. 28 U .S.C . Section 63 6(c).

(b )

In cases in v o lv in g m u ltip le p arties o r m ultip le claim s, a judgm ent as to few er than all parties or all claims is not a final,
appealable d ecision unless the district court has certified the ju d gm ent for im mediate review under F ed.R .C iv.P. 54(b), W illiam s
v. B ishop, 732 F.2d 885, 88 5-86 ( 1 1th Cir. 1984). A judgm ent w hich resolves all issues except matters, such as attorneys’ fees and
costs, that are collateral to the merits, is im mediately appealable. Budinich v. B ecton D ickinson & C o.. 486 U.S. 196, 201, 108 S.
Ct. 1717, 1721-22, 100 L .E d.2d 178 (1 9 8 8 ): LaChance v. D u ffy ’ s Draft H ouse. Inc.. 146 F.3d 832, 837 (11th Cir. 1998).

(c )

A p p e a ls p u rsu a n t to 28 U .S .C . S ection 12 92(a ): A ppeals are permitted from orders “ granting, continuing, m odifying, refusing
or dissolving injunctions or refusing to dissolve or m odify injunctions...” and from “ [i]nterlocutory decrees...determ ining the rights
and liabilities o f parties to admiralty cases in w hich appeals from final decrees are allow ed .”
denying tem porary restraining orders are not permitted.

(d )

A p p ea ls p u rsu a n t to 28 U .S .C . S ection 12 92(b ) and F e d ,R .A p p .P .5 :

Interlocutory appeals from orders

The certification specified in 28 U.S.C . Section 1292(b)

must be obtained before a petition for perm ission to appeal is filed in the Court o f A ppeals. The district court’ s denial o f a m otion
for certification is not itse lf appealable.

(e )

A p p ea ls p u rsu a n t to ju d ic ia lly crea ted ex cep tion s to the fin ality rule: Limited ex ception s are discussed in cases including, but
not limited to: C ohen V . B eneficial Indus. Loan C orp .. 337 U.S. 541,54 6,69 S.Ct. 1221, 1225-26, 93 L.Ed. 1528 (1 949); Atlantic
Fed. Sav. & Loan A s s ’ n v. B lythe Eastman Paine W ebber. In c.. 890 F. 2d 371, 376 ( 1 1th Cir. 1989); G illespie v. United States
Steel C o rp .. 379 U .S. 148, 157, 85 S. Ct. 308, 312, 13 L.Ed.2d 1 9 9 (1 9 6 4 ).

T im e fo r Filing: The tim ely filing o f a notice o f appeal is mandatory and jurisdictional. R inaldo v. C o rb e tt 256 F.3d 1 2 76,1 278 ( 1 1th Cir.
20 01). In civil cases, F ed .R .A p p .P .4(a) and (c ) set the follow in g time limits:

(a )

F e d .R .A p p .P . 4 (a )(1 ): A notice o f appeal in com pliance with the requirements set forth in Fed.R .A pp.P. 3 must be filed in the
district court within 30 days after the entry o f the order or judgm ent appealed from . H ow ever, i f the United States or an o ffice r or
agency th e re o f is a party, the notice o f appeal must be filed in the district court within 60 days after such entry. T H E N O T IC E
M U S T B E R E C E I V E D A N D F IL E D IN T H E D I S T R IC T C O U R T N O L A T E R T H A N T H E L A S T D A Y O F T H E A P P E A L
P E R IO D - no a d d itio n a l d ays a re p ro v id e d fo r m ailing. Special filing provision s for inmates are discussed below .

(b )

F e d .R .A p p .P . 4 (a )(3 ): “ I f on e party tim ely files a notice o f appeal, any other party m ay file a notice o f appeal within 14 days after
the date when the first notice was filed, or within the time otherwise prescribed by this Rule 4(a)., w hichever period ends later.”

(c )

F e d .R .A p p .P .4 (a )(4 ): I f any party makes a tim ely m otion in the district court under the Federal R ules o f C ivil Procedure o f a type
specified in this rule, the time for appeal for all parties runs from the date o f entry o f the order d isposing o f the last such timely
filed m otion.

(d )

F cd .R .A p p .P .4 (a )(5 ) and 4 (a )(6 ): Under certain limited circum stances, the district court may extend the time to file a notice o f
appeal. U nder R ule 4 (a )(5 ), the time may be extended if a m otion for an extension is filed within 30 days after expiration o f the
time otherw ise p rovided to file a notice o f appeal, upon a sh ow ing o f excusable neglect or g o o d cause. Under Rule 4(a)(6), the
time may be extended i f the district court finds upon m otion that a party did not tim ely receive notice o f the entry o f the judgm ent
or order, and that no party w ould be prejudiced by an extension.

(e )

F c d .R .A p p .P .4 (c ): I f an inmate con fin ed to an institution files a notice o f appeal in either a civil case or a criminal case, the notice
o f appeal is tim ely i f it is deposited in the institution’ s internal mail system on or before the last day for filing. T im ely filing m ay
be show n by a declaration in com p lian ce with 28 U.S.C . Section 1746 or a notarized statement, either o f which must set forth the
date o f deposit and state that first-class postage has been prepaid.

F o rm a t o f the n otice o f a n n e a l: Form 1, A p pen dix o f Form s to the Federal Rules o f A ppellate Procedure, is a suitable format.

See also

F ed.R .A pp.P. 3(c). A g ro se notice o f appeal must be signed by the appellant.

E ffe ct o f a n otice o f a n n e a l: A district court loses jurisdiction (authority) to act after the filing o f a tim ely notice o f appeal, except for actions
in aid o f appellate ju risdiction o r to rule on a tim ely m otion o f the type sp ecified in F ed.R .A pp.P . 4(a )(4 ).