HANCOCK BANK v. BOYD BROTHERS INC et al

Filing 95

JUDGMENT in favor of HANCOCK BANK against CECELIA R BOYD, JAMES A BOYD, JR, JAMES A BOYD, SR, NANCY G BOYD. Signed by JUDGE RICHARD SMOAK on 1/5/2012. (jcw)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
HANCOCK BANK, a
Mississippi banking corporation,
Plaintiff,
vs.

Case No.: 5:11-cv-00094/RS–CJK
CONSOLIDATED

BOYD BROTHERS, INC.,
a Florida corporation, JAMES
A. BOYD, SR., NANCY G. BOYD,
JAMES A. BOYD, JR., and
CECELIA R. BOYD,
Defendants.
________________________________________________________________________
FINAL JUDGMENT
Plaintiff’s Motion for Summary Judgment has previously been granted. (See Doc.
94). Final Judgment is entered in favor of the Plaintiff as follows:
1.

Defendants, JAMES A. BOYD, SR., NANCY G. BOYD, JAMES A.

BOYD, JR., and CECILIA R. BOYD1 are indebted, jointly and severally, to the Plaintiff,
HANCOCK BANK, for the following sums:

1

Although Plaintiff inadvertently misspelled Mrs. Boyd's name in the complaints and
above-styled caption as "Cecelia," the loan documents attached to the complaints were
executed by Cecilia R. Boyd. Where there is a conflict between the allegations in the
complaint and the exhibits attached to the same, the latter control. See Crenshaw v.
Lister, 556 F. 3d 1283, 1292 (11th Cir. 2009). Accordingly, the inadvertent misspelling
of Mrs. Boyd's name does not affect the validity of this Final Judgment because the

1

The First Boyd Brothers Loan (5:11-cv-00094-RS-CJK)2
PRINCIPAL:

$76,585.34

INTEREST:

$10,189.90

LATE CHARGES:

$171.89

TOTAL:

$86,947.13

The Second Boyd Brothers Loan (5:11-cv-00095-RS-GRJ)
PRINCIPAL:

$393,648.96

INTEREST:

$21,847.57

LATE CHARGES:

$302.62

APPRAISAL FEE:

$400

TOTAL:

$416,199.15

The Third Boyd Brothers Loan (5:11-cv-00097-RS-CJK)
PRINCIPAL:

$1,000,000.00

INTEREST:

$55,500.00

LATE CHARGES:

$687.50

TOTAL:

$1,056,187.50

The Fourth Boyd Brothers Loan (5:11-cv-00098-RS-CJK)

subject promissory notes were executed by Cecilia R. Boyd who is properly before this
Court.
2
Given that this consolidated action involves five separate commercial loans, each of
which was the subject of a separate action prior to consolidation, the original case
numbers for each individual loan are identified for clarity.

2

PRINCIPAL:

$1,548,039.30

INTEREST:

$85,916.12

LATE CHARGES:

$1,190.05

TOTAL:

$1,635,145.47
The Letter of Credit Loan (5:11-cv-00096-RS-CJK)

PRINCIPAL:

$449,220.61

INTEREST:

$32,463.47

LATE CHARGES:

$564.26

TOTAL:

$482,248.34
TOTAL AMOUNTS OWED

PRINCIPAL:

$3,467,494.21

INTEREST:

$205,917.06

LATE CHARGES/FEES:

$3,316.32

TOTAL:

$3,676,727.59

2.

Plaintiff, HANCOCK BANK, 2510 14th Street, Gulfport, Mississippi

35901, shall have a judgment in the amount of $3,676,727.59 against Defendants,
JAMES A BOYD, SR., and NANCY G. BOYD, whose last known address is 3313
Harbour Place, Panama City, Florida, 32405, and against Defendants, JAMES A. BOYD,
JR. and CECILIA R. BOYD, whose last known address is 206 S. Harris Avenue, Panama

3

City, Florida, 32401, jointly and severally, FOR ALL OF WHICH LET EXECUTION
ISSUE.
3.

Plaintiff, HANCOCK BANK, shall be entitled to recover post-judgment

interest at the legal rate established by 28 U.S.C. § 1961 from the date of the judgment
until paid.
4.

Plaintiff, HANCOCK BANK, shall be entitled to recover its reasonable

attorney's fees and costs incurred in the prosecution of this action, pursuant to the terms
and conditions of the subject loan documents attached to the complaints. This Court
retains jurisdiction over this matter for the purpose of determining a reasonable amount
of attorney's fees and costs to award to Plaintiff as the prevailing party in this action.
5.

This Order does not affect Defendant Boyd Brothers Inc.

ORDERED on January 5, 2012.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE

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