HANCOCK BANK v. BOYD et al
Filing
70
FINAL JUDGMENT in favor of HANCOCK BANK against CECELIA R BOYD, JAMES A BOYD, JR. Signed by JUDGE RICHARD SMOAK on 11/14/2011. (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-00132-RS-EMT
JAMES A. BOYD, JR. and
CECELIA R. BOYD,
Defendants.
FINAL JUDGMENT
I have previously granted Plaintiff’s Motion for Summary Final Judgment
(See Doc. 66). Final Judgment in favor of the Plaintiff is as follows:
1.
Defendants, JAMES A. BOYD, JR., and CECILIA R. BOYD 1 are
indebted, jointly and severally, to the Plaintiff, HANCOCK BANK, for the
following sums:
i. PRINCIPAL
$929,135.94
1
Although Plaintiff inadvertently misspelled Mrs. Boyd's name in the Complaint and above-styled
caption as "Cecelia," the loan documents attached to the Complaint 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 subject promissory notes were executed by Cecilia R. Boyd
who is properly before this Court.
1
ii. INTEREST
iii. TOTAL AMOUNT OWED
2.
$34,455.46
$963,591.40
Plaintiff,
HANCOCK
BANK,
2510
14th
Street,
Gulfport,
Mississippi 35901, shall have a judgment in the amount of $963,591.40 against
Defendants, JAMES A BOYD, JR. and CECILIA R. BOYD, whose last known
address is 206 S. Harris Avenue Panama 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
Complaint. 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.
2
ORDERED on November 14, 2011.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE
3
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