CENTENNIAL BANK v. FALKE et al

Filing 52

ORDER ADOPTING 48 REPORT AND RECOMMENDATION], granting 19 Motion for Summary Judgment; granting 40 Motion for Certification. Plaintiff shall submit not later than March 25, 2013, calculations of the current balance of the out standing indebtedness including principal, accrued interest, late fees and appraisal fee. The Clerk shall enter final judgment in favor of Plaintiff and against Defendants Heinz W. Falke and Elizabeth D. Falke, jointly and severally, in that amount. Plaintiff may submit not later than March 25, 2013, a motion for attorneys' fees, in compliance with N.D. Fla. Loc. R. 54.1(D). Signed by JUDGE RICHARD SMOAK on 3/12/2013. (jcw) Modified on 3/12/2013 (jcw).

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CENTENNIAL BANK,
Plaintiff,
v.

CASE NO. 5:12-cv-114-RS-EMT

HEINZ W. FALKE, ELIZABETH
D. FALKE, and MARSHA B. BARBARIA,
Defendants.
_________________________________/
ORDER
Before me is the Magistrate Judge’s Order and Report and Recommendation (Doc.
48). No objections have been filed.
IT IS ORDERED:
1.

The Magistrate Judge’s Report and Recommendation is approved
and incorporated in this Order.

2.

Plaintiff’s Motion for Summary Final Judgment (Doc. 19) is
GRANTED as to Defendants Heinz W. Falke and Elizabeth D.
Falke.

3.

Plaintiff’s request for certification pursuant to Fed. R. Civ. P. 54(b)
of the judgment against Defendants Heinz W. Falke and Elizabeth
D. Falke (Doc. 40) is GRANTED. There is no just reason for delay
of entry of a final judgment against the non-bankrupt Defendants.

4.

Plaintiff shall submit not later than March 25, 2013, calculations of
the current balance of the outstanding indebtedness including
principal, accrued interest, late fees and appraisal fee. The Clerk
shall enter final judgment in favor of Plaintiff and against
Defendants Heinz W. Falke and Elizabeth D. Falke, jointly and
severally, in that amount.

5.

Plaintiff may submit not later than March 25, 2013, a motion for
attorneys’ fees, in compliance with N.D. Fla. Loc. R. 54.1(D).

ORDERED on March 12, 2013.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE