Synovus Bank v. Greer et al

Filing 28

DEFAULT JUDGMENT in favor of Synovus Bank against Joanne P. Greer. Signed by Clerk, Frank G. Johns on 1/14/13. (nll) Modified text on 1/14/2013 (ejb).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
Civil No. 1:11-cv-26
SYNOVUS BANK,

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Plaintiff,
vs.
JOANNE P. GREER,
Defendant.

JUDGMENT

THIS MATTER is before the undersigned on the Motion for
Entry of Default Judgment by Plaintiff Synovus Bank (“Bank”)
against Defendant Joanne P. Greer.

After considering the Motion

and related documents and reviewing the Court file, it appears
that:
The Bank filed its Complaint and Summonses were issued on
February 7, 2011, Defendant was served on February 14, 2011, and
Defendant

failed to

plead

or

otherwise

defend.

Default

was

therefore entered on April 5, 2011, and a Default Judgment was
entered on June 16, 2011.
The Judgment was later vacated, the Bank was given leave to
file an Amended Complaint, and such Amended Complaint was filed
on July 13, 2012.
On December 12, 2012, the Court issued a Show Cause Order.
On December 14, 2012, the Bank filed a Motion for Entry of

Default, a Motion to Dismiss (as to Robert J. Greer), and a
Response to Show Cause Order.
Defendant failed to file a response to the Amended Complaint
and therefore default was entered against her on January 3, 2013
pursuant to Rule 55(a) of the Rules of Civil Procedure.

On

January 7, 2013, the Court granted the Bank’s Motion to Dismiss
and

dismissed

the

claims

against

Robert

J.

Greer,

and

also

discharged its Show Cause Order such that this matter may proceed
to judgment against Defendant.
Defendant is not an infant and otherwise is not incompetent.
The Bank’s claim against Defendant consists of a breach of
contract or promissory note, namely the failure of Defendant to
pay the Bank the sum of Three Hundred Sixty-Nine Thousand Eight
Hundred Sixty-Four and 92/100 Dollars ($369,864.92) due under the
Note together with interest and costs.
The Bank’s claim is for a sum certain, and it has submitted
an Affidavit of Jerald Slaughter of the indebtedness within the
meaning of Rule 55(b)(1) of the Rules of Civil Procedure.
The Bank is therefore entitled to the entry of a Default
Judgment.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
1.

That Plaintiff’s Motion for Entry of Default Judgment
is GRANTED and the judgment is hereby ENTERED against
Defendant;

2

2.

That the Bank have and recover of Defendant:
a)

The sum of Three Hundred Sixty-Nine Thousand Eight
Hundred

Sixty-Four

and

92/100

Dollars

($369,864.92);
b)

interest on said amount as calculated from the
date of this judgment pursuant to 28 U.S.C. 1961;
and,

c)

the costs of this action in the amount of Three
Hundred Fifty and 00/100 Dollars ($350.00).

Signed: January 14, 2013

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