Regions Bank v. Kearney et al

Filing 106

ORDER ATTACHED denying 102 Motion for Summary Judgment. Signed by Judge Richard A. Lazzara on 1/8/2015. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

REGIONS BANK, an Alabama state chartered
bank, as successor in interest to AmSouth Bank,
Plaintiff,
v.

CASE NO: 8:13-cv-2627-T-26TBM

BING CHARLES W. KEARNEY, JR., and
TONYA NUHFER KEARNEY,
Defendants.
/

ORDER
UPON DUE CONSIDERATION of Defendants’ Motion for Summary Judgment
(Dkt. 102), it is ORDERED AND ADJUDGED that the motion is denied. This case is
set for a nonjury trial during the March 2015 trial month commencing March 2, 2015.1
Neither credibility determinations nor weighing the evidence may play any role in
summary judgment proceedings. See Reeves v. Sanderson Plumbing Prods, Inc., 530
U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed. 2d 105 (2000); Anderson v. Liberty Lobby, Inc.,
477 U.S. 242, 254, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The Court will be in a much
better position to rule on the merits at the bench trial, and the case would benefit from
proceeding to a full trial. See Lind v. United Parcel Serv., Inc., 254 F.3d 1281, 1285

1

See docket 90.

(11th Cir. 2001) (citations omitted). In the interest of judicial economy, summary
judgment is denied.
DONE AND ORDERED at Tampa, Florida, on January 8, 2015.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:

Counsel of Record

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