Diamond Falls Estates, LLC et al v. Nantahala Bank & Trust Company et al
Filing
115
JUDGMENT in favor of Nantahala Bank & Trust Company against Diamond Falls Estates, LLC, Charles K. Buafo, Shirley M. Buafo. Signed by District Judge Martin Reidinger on 9/7/2015. (khm)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 2:14-cv-00007-MR-DLH
DIAMOND FALLS ESTATES, LLC,
SHIRLEY M. BUAFO and CHARLES
K. BUAFO,
)
)
)
)
Plaintiffs/
)
Counter-Defendants, )
)
vs.
)
)
NANTAHALA BANK & TRUST
)
COMPANY, STEVE E. GRAVETT,
)
EXCELL PARTNERS, LLC, LUXUR,
)
INC., REALTY ACQUISITIONS, LLC, )
and JOHN/JANE DOES,
)
)
Defendants/
)
Counter-Plaintiffs.
)
_______________________________ )
JUDGMENT
For the reasons stated in the Memorandum of Decision and Order filed
contemporaneously
herewith,
IT
IS,
THEREFORE,
ORDERED,
ADJUDGED, AND DECREED that the Plaintiffs’ Motion for Partial Summary
Judgment is DENIED, and Defendant Nantahala Bank & Trust Company’s
Motions for Summary Judgment on Nantahala’s Counterclaims and the
Plaintiffs’ Third Amended Complaint are GRANTED. Judgment is hereby
entered against the Plaintiffs Diamond Falls Estates, LLC, Shirley M. Buafo,
and Charles K. Buafo and in favor of the Defendant Nantahala Bank & Trust
Company in the amount of $2,725,989.42 through and including March 27,
2015, with interest continuing to accrue at a rate of $366.53 per day
beginning on March 28, 2015, and interest accruing at the legal rate after
entry of the judgment, plus attorney fees in an amount to be determined but
in any event awnot to exceed five percent (5%) of the outstanding loan
amount at the time the Original Answer and Counterclaims were filed on
March 7, 2014. The Plaintiffs’ claims against the Defendant Nantahala Bank
& Trust Company are hereby DISMISSED WITH PREJUDICE.
Signed: September 7, 2015
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