Dove Air, Inc. v. Florida Aircraft Sales, LLC et al
Filing
57
FINAL JUDGMENT and ORDER of DISMISSAL. Signed by District Judge Martin Reidinger on 9/8/11. (nll)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:10cv47
DOVE AIR, INC.,
Plaintiff,
vs.
FLORIDA AIRCRAFT SALES, LLC,
and MARK H. O’BRIEN,
Defendants.
and
FLORIDA AIRCRAFT SALES, LLC,
Third Party Plaintiff,
vs.
JOSEPH W. DUNCAN,
Third Party Defendant.
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FINAL JUDGMENT and ORDER of DISMISSAL
THIS MATTER is before the Court on Florida Aircraft Sales, LLC’s
Motion for Entry of Final Judgment on the Promissory Note and to Dismiss its
Remaining Claims [Doc. 55].
In accordance with the Memorandum of Decision and Order entered
August 9, 2011 (Doc. 45) and the Order entered September 7, 2011 (Doc.
54),
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Final
Judgment is entered jointly and severally against Dove Air, Inc. and Joseph
W . Duncan and in favor of Florida Aircraft Sales, LLC, on Count One of
Florida Aircraft Sales, LLC’s Counterclaim against Dove Air, Inc. and Count
One of Florida Aircraft Sales, LLC’s Third-Party Complaint against Joseph
Duncan in the amount of FIVE HUNDRED NINETY THOUSAND FIVE
HUNDRED FIFTY-FIVE DOLLARS AND NO CENTS ($590,555.00) together
with interest accrued at the rate of six per cent (6%) per annum from February
23, 2010 through September 7, 2011 in the amount of FIFTY-FOUR
THOUSAND FOUR HUNDRED SIXTY DOLLARS AND NO CENTS
($54,460.00) for a total Final Judgment of SIX HUNDRED FORTY-FIVE
THOUSAND FIFTEEN DOLLARS AND NO CENTS ($645,015.00), together
with post- judgment interest at the statutory rate and costs.
IT IS FURTHER ORDERED that as to all of the claims of Plaintiff Dove
Air, Inc. against the Defendants that Judgment is hereby entered in favor of
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the Defendants and against the Plaintiff and said claims are hereby dismissed
with prejudice.
IT IS FURTHER ORDERED that the Court declines to enter Judgment
on the Motion for Attorneys’ Fees of Florida Aircraft Sales, LLC’s at this time
since the time within which Dove Air, Inc. and Joseph W. Duncan may
respond to said motion has not yet expired.
IT IS FURTHER ORDERED that Florida Aircraft Sales, LLC’s Motion
Dismiss its Remaining Claims is hereby GRANTED and Counts Four, Five
and Six of Florida Aircraft Sales, LLC’s Counterclaim and Count Four of
Florida Aircraft Sales, LLC’s Third-Party Complaint are hereby dismissed
without prejudice.
Signed: September 8, 2011
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