CENTENNIAL BANK v. EDTC & B LLC et al

Filing 85

ORDER granting 80 Motion for Summary Judgment. Signed by JUDGE RICHARD SMOAK on 10/25/2011. (jcw)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

CENTENNIAL BANK,
Plaintiff,
vs.

CASE NO. 5:11cv20/RS-CJK

EDTC & B, LLC; EDDIE RAY EANES;
DAN GILL; TIM RAMSEY; CHRIS
MONTGOMERY; CHARLES BUTLER;
DAVID F. PANETTI; and STATE OF
FLORIDA DEPARTMENT OF REVENUE.
Defendants.
___________________________________/
ORDER
Before me is Plaintiff’s Motion For Summary Final Judgment In Foreclosure
Under Count I And Partial Final Judgment Of Liability Under Counts II and III (Doc. 80).
Defendants have not filed responses. N.D. Fla. Loc. R. 7.1(C)(1) provides “Failure to
file a responsive memorandum may be sufficient cause to grant the motion.”
IT IS ORDERED:
1.

Summary judgment is granted for Plaintiff as to Count I. Final Judgment
of Foreclosure under Count I shall be entered in favor of Plaintiff
foreclosing its mortgage and security interest liens.

2.

Partial summary judgment of liability is entered under Counts II and III in
favor of Plaintiff under the promissory note and guarantees against
Defendants, EDTC & B, LLC, EDDIE RAY EANES, DAN GILL, TIM
RAMSEY, CHRIS MONTGOMERY, and CHARLES BUTLER.

3.

A deficiency judgment shall be entered in favor of Plaintiff if the proceeds

from the foreclosure sale of the subject property are insufficient to set aside the amount
owed to plaintiff.
4.

Pre-judgment interest, costs, and attorneys’ fees shall be awarded to

Plaintiff.
5.

Plaintiff shall file not later than November 10, 2011, an itemization of all

amounts claimed by it, including calculations of accrued interest and a daily interest
amount.

ORDERED on October 25, 2011.

/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE