BRANCH BANKING & TRUST COMPANY v. NAVARRE 33 INC, et al

Filing 133

ORDER adopting the magistrate judge's 125 Report and Recommendation. BB & T's 94 Motion for Final Summary Judgment against Defendants Navarre 33, Inc., Charles W. Clary, III, William R. McKelvy, and James D. Mc Kelvy is GRANTED. The court finds no just reason for delay of entry of final judgment against Defendants Navarre 33, Inc., Charles W. Clary, III, William R. McKelvy, and James D. McKelvy, pursuant to Rule 54(b) of the Federal Rules of Civil Proc edure. BB & T is directed to submit calculations of the current balances of the outstanding indebtedness with principal, accrued interest, late fees and charges, real estate taxes, and the accrued interest rate within FOURTEEN (14) DAYS from the date of docketing of this order. BB & T is awarded its costs and attorneys fees incurred in this action in anamount to be determined by the court. BB & T is directed to file a motion for attorneys fees, in compliance with rule 54.1 of the Local Rul es, within FOURTEEN (14) DAYS from the date of docketing of this order. Upon BB & T's filing its calculations of the current balances of the outstanding indebtedness, the clerk is directed to enter final judgment in favor of BB & T and agains t Defendants Navarre 33, Inc., Charles W. Clary, III, William R. McKelvy, and James D. McKelvy, jointly and severally, in that amount. Signed by CHIEF JUDGE M CASEY RODGERS on 6/23/2012. (BB & T's Calcualations and Motion for attorney's fees due by 7/9/2012.) (djb)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
BRANCH BANKING & TRUST COMPANY,
successor in interest to COLONIAL BANK by
asset acquisition from the FDIC, as Receiver for
COLONIAL BANK,
Plaintiff,
v.

Case No.: 3:10cv10/MCR/EMT

NAVARRE 33, INC., et al.,
Defendants.
_________________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated May 21, 2012 (doc. 125). The parties have been furnished a copy
of the Report and Recommendation and have been afforded an opportunity to file
objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de
novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto
timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this order.
2.

That BB & T’s motion for final summary judgment against Defendants

Navarre 33, Inc., Charles W. Clary, III, William R. McKelvy, and James D. McKelvy (doc.
94) is GRANTED.
3.

The court finds no just reason for delay of entry of final judgment against

Defendants Navarre 33, Inc., Charles W. Clary, III, William R. McKelvy, and James D.
McKelvy, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure.

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4.

BB & T is directed to submit calculations of the current balances of the

outstanding indebtedness with principal, accrued interest, late fees and charges, real
estate taxes, and the accrued interest rate within FOURTEEN (14) DAYS from the date of
docketing of this order.
5.

BB & T is awarded its costs and attorney’s fees incurred in this action in an

amount to be determined by the court.
6.

BB & T is directed to file a motion for attorney’s fees, in compliance with rule

54.1 of the Local Rules, within FOURTEEN (14) DAYS from the date of docketing of this
order.
7.

Upon BB & T’s filing its calculations of the current balances of the outstanding

indebtedness, the clerk is directed to enter final judgment in favor of BB & T and against
Defendants Navarre 33, Inc., Charles W. Clary, III, William R. McKelvy, and James D.
McKelvy, jointly and severally, in that amount.
DONE AND ORDERED this 23rd day of June, 2012.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No: 3:10cv10/MCR/EMT