Regroup Development, LLC v. Rabun County Bank

Filing 91

JUDGMENT in favor of Rabun County Bank against Regroup Development, LLC, Regroup Sapphire 281, LLC. Signed by District Judge Martin Reidinger on 10/21/2013. (thh)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA BRYSON CITY DIVISION CASE NO. 2:11cv59 REGROUP DEVELOPMENT, LLC, a Florida Corporation, and REGROUP SAPPHIRE 281, LLC, a Florida Corporation, Plaintiffs, vs. RABUN COUNTY BANK, a Georgia Corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) JUDGMENT ) THIS MATTER came to trial and was heard by the undersigned judge, and a jury was duly empaneled and did answer the issues presented as follows: 1. Did the Defendant have a special relationship of trust and confidence with the Plaintiffs? ANSWER: NO 2. Did the Defendant breach any such special relationship of trust and confidence with the Plaintiffs? ANSWER: N/A 3. Were the Plaintiffs damaged by any fraud of the Defendant? ANSWER: N/A 4. Were the Plaintiffs damaged by any negligent misrepresentation of the Defendant? ANSWER: N/A 5. If your answer to Issue 3 or Issue 4 or both is “Yes,” were such actions of the Defendant in or affecting commerce? ANSWER: N/A 6. Was the Defendant unjustly enriched at the expense of the Plaintiffs? ANSWER: NO 7. Was the Defendant damaged by any fraud of the Plaintiffs? ANSWER: N/A 8. Did any joint venture that the Plaintiffs had with David Mahoney terminate after May 6, 2011? ANSWER: N/A 9. Is the Plaintiffs’ claim barred by the “Doctrine of Unclean Hands”? ANSWER: N/A 2 10. What amount of damages, if any, are the Plaintiffs entitled to recover as a direct result of the actions of the Defendant? ANSWER: N/A 11. What amount of punitive damages, if any, are the Plaintiffs entitled to recover as a result of the Defendant’s actions? ANSWER: N/A Based upon the foregoing facts as found by the jury, the Court concludes as a matter of law that the Plaintiffs should have and recover nothing from the Defendant and Plaintiffs should be taxed with the costs of this action. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that Judgment is hereby entered in favor of the Defendant and against the Plaintiffs and all claims asserted by the Plaintiffs against the Defendant are DISMISSED WITH PREJUDICE, and Plaintiffs shall have and recover nothing from the Defendant in the form of damages. IT IS SO ORDERED. Signed: October 21, 2013 3

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