Diamond Falls Estates, LLC et al v. Nantahala Bank & Trust Company et al

Filing 118

AMENDED 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 09/29/2015. (thh)

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.
)
_______________________________ )
AMENDED JUDGMENT
For the reasons stated in the Memorandum of Decision and Order filed
previously herein, 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, jointly and severally, 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 the amount of $128,977.47. The
Plaintiffs’ claims against the Defendant Nantahala Bank & Trust Company
are hereby DISMISSED WITH PREJUDICE.
Signed: September 29, 2015