SunTrust Bank v. Den-Mark Construction, Inc.

Filing 29

JUDGMENT; IT IS ORDERED AND ADJUDGED that the bankruptcy courts order dated August 6, 2008 is VACATED and SunTrust is restored to its pre-petition status in all respects except as to the sum of funds advanced by Capital Bank (and interest accruing th ereon) prior to this courts November 19, 2008 oral order allowing SunTrusts Motion to Stay pending appeal. 11 U.S.C. section 364(e). The parties shall bear their own costs. Signed by Dennis Iavarone, Clerk of Court by Susan Edwards, Deputy on 4/7/2009. Copies served. (Edwards, S.)

A O 450 (Rev. 5/85)

United States District Court
EASTERN DISTRICT OF NORTH CAROLINA
SUNTRUST BANK, Plaintiff, v. DEN-MARK CONSTRUCTION, INC. Defen dan t. ) ) ) ) ) ) ) JUDGMENT IN A CIVIL CASE CASE NO. 5:08-CV-529-F

Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. X Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

IT IS ORDERED AND ADJUDGED that the bankruptcy court's order dated August 6, 2008 is VACATED and SunTrust is restored to its pre-petition status in all respects except as to the sum of funds advanced by Capital Bank (and interest accruing thereon) prior to this court's November 19, 2008 oral order allowing SunTrust's Motion to Stay pending appeal. 11 U.S.C. section 364(e). The parties shall bear their own costs. THE ABOVE JUDGMENT WAS ENTERED TODAY, April 7, 2009, AND A COPY MAILED VIA ELECTRONICALLY OR BY REGULAR MAIL TO: A. Lee Hogewood, III Brian C. Fork 4350 Lassiter at North Hills Ave., Suite 300 Raleigh, NC 27609 Laurie B. Biggs Trawick H. Stubbs, Jr. 8450 Falls of Neuse Rd., Suite 206 Raleigh, NC 27615-3510

April 7, 2009 Date

DENNIS P. IAVARONE Clerk of Court /s/ Susan K. Edwards

Wilmington, North Carolina

(By) Deputy Clerk

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