Branch Banking & Trust v. S&S Development, Inc., et al
Plaintiff / Appellee: BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, as successor-in-interest to Colonial Bank by asset acquisition from the FDIC as Receiver for Colonial Bank, successor by merger to Citrus and Chemical Bank
Defendant / Appellant: S&S DEVELOPMENT, INC., a Florida corporation, BRIAN K. SWAIN, individually and DONALD K. STEPHENS, individually
Case Number: 14-13914
Filed: August 28, 2014
Court: U.S. Court of Appeals, Eleventh Circuit
Nature of Suit: Other Contract Actions
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Docket Report

This docket was last retrieved on October 26, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 26, 2015 MOTION for attorney's fees or costs filed by Appellee Branch Banking and Trust Company in 14-12879. Opposition to Motion is Unknown [7608989-1] [14-12879, 14-13914] [Entered: 10/26/2015 03:34 PM]
October 26, 2015 Opinion or Order ORDER: Appellees Motion to File Application for Attorneys Fees Out of Time is GRANTED. Appellees Application for Attorneys Fees is GRANTED AS TO ENTITLEMENT. On its own motion, this Court TRANSFERS Appellees Application for Attorneys Fees to the District Court for its consideration of the reasonable amount of appellate attorneys and costs to be awarded to Appellee. See Eleventh Circuit Rule 39-2(d). [ # 7608989-2 ]; [ # 7544054-2 ] [ # 7544055-2 ] BBM and JEC [14-12879, 14-13914] [Entered: 10/26/2015 03:49 PM]
August 7, 2015 MOTION for leave to file Application for Attorneys' Fees out of time filed by Branch Banking and Trust Company. Opposition to Motion is Unknown. [7544055-1] (ECF: M. Malani) [Entered: 08/07/2015 08:37 PM]
August 6, 2015 OUT OF TIME *** MOTION for attorney's fees or costs filed by Branch Banking and Trust Company. Opposition to Motion is Unknown. [7542843-1]--[Edited 08/28/2015 by CRL] (ECF: M. Malani) [Entered: 08/06/2015 08:38 PM]
July 27, 2015 Mandate issued as to Appellants S&S Development, Inc., Donald K. Stephens and Brian K. Swain in 14-12879, 14-13914. [14-12879, 14-13914] [Entered: 07/27/2015 03:13 PM]
July 23, 2015 Signed Approved Bill of costs filed by Attorney Mithoo Robert Malani for Appellee Branch Banking and Trust Company in 14-12879. [14-12879, 14-13914] [Entered: 07/23/2015 10:05 AM]
June 30, 2015 Bill of costs filed by Attorney Mithoo Robert Malani for Appellee Branch Banking and Trust Company in 14-12879. [14-12879, 14-13914] [Entered: 07/22/2015 09:50 AM]
June 26, 2015 Opinion issued by court as to Appellants S&S Development, Inc., Donald K. Stephens and Brian K. Swain in 14-12879, 14-13914. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. [14-12879, 14-13914] [Entered: 06/26/2015 01:28 PM]
June 26, 2015 Judgment entered as to Appellants S&S Development, Inc., Donald K. Stephens and Brian K. Swain in 14-12879, 14-13914. [14-12879, 14-13914] [Entered: 06/26/2015 01:35 PM]
March 31, 2015 Received paper copies of EBrief filed by Appellants S&S Development, Inc., Donald K. Stephens and Brian K. Swain in 14-12879, 14-13914. [14-12879, 14-13914] [Entered: 03/31/2015 03:33 PM]
March 30, 2015 Reply Brief filed by Appellants S&S Development, Inc., Donald K. Stephens and Brian K. Swain. (ECF: Jesse Ray) [Entered: 03/30/2015 02:22 PM]
March 24, 2015 Opinion or Order ORDER: Motion to withdraw as counsel filed by Bernard Jay Morse is GRANTED by Supervisor. [ # 7420197-2 ] Attorney terminated: Attorney Bernard Jay Morse for Appellants Brian K. Swain, Donald K. Stephens and S&S Development, Inc. in 14-13914. [Entered: 03/24/2015 02:17 PM]
March 18, 2015 MOTION to withdraw as counsel filed by Attorney Bernard Jay Morse for Appellants Donald K. Stephens, S&S Development, Inc. and Brian K. Swain. Motion is Unopposed [7420197-1] (ECF: Bernard Morse) [Entered: 03/18/2015 03:42 PM]
March 17, 2015 Received paper copies of EBrief filed by Appellee Branch Banking and Trust Company in 14-12879, 14-13914. [14-12879, 14-13914] [Entered: 03/18/2015 11:23 AM]
March 16, 2015 Appellee's Brief filed by Appellee Branch Banking and Trust Company. (ECF: M. Malani) [Entered: 03/16/2015 12:57 PM]
February 17, 2015 Appendix filed [2 VOLUMES - 2 sets] by Attorney Jesse Lee Ray for Appellants Donald K. Stephens, S&S Development, Inc. and Brian K. Swain in 14-12879. Service date: 12/29/2014 US mail - Attorney for Appellants: Awerbach, Pyles; email - Attorney for Appellants: Morse, Ray; Attorney for Appellees: Jensen, Malani. [14-12879, 14-13914] [Entered: 02/17/2015 02:40 PM]
February 17, 2015 Opinion or Order ORDER: Motion to reinstate appeal filed by Appellants Donald K. Stephens, S&S Development, Inc. and Brian K. Swain is GRANTED.[ # 7356398-2 ] in 14-12879, [ # 7364529-2 ] in 14-13914 SM and BBM [14-12879, 14-13914]--[Edited 02/19/2015 by SCW] [Entered: 02/17/2015 02:30 PM]
January 20, 2015 Reply to response filed by Appellants S&S Development, Inc., Donald K. Stephens and Brian K. Swain. (ECF: Jesse Ray) [Entered: 01/20/2015 01:04 PM]
January 12, 2015 RESPONSE to Motion to reinstate appeal filed by Appellants Donald K. Stephens, S&S Development, Inc. and Brian K. Swain in 14-13914 [ # 7364529-2 ] filed by Attorney Mithoo Robert Malani for Appellee Branch Banking and Trust Company. (ECF: M. Malani) [Entered: 01/12/2015 03:08 PM]
January 9, 2015 Amended Motion to reinstate appeal [ # 7364529-2 ] filed by Appellants S&S Development, Inc., Donald K. Stephens and Brian K. Swain. (ECF: Jesse Ray) [Entered: 01/09/2015 09:36 AM]
January 9, 2015 MOTION to reinstate appeal filed by S&S Development, Inc., Donald K. Stephens and Brian K. Swain. Opposition to Motion is Unknown. [7364529-1] (ECF: Jesse Ray) [Entered: 01/09/2015 09:29 AM]
January 7, 2015 ***motion to reinstate***Response filed by Jesse Lee Ray for Donald K. Stephens, S&S Development, Inc. and Brian K. Swain pursuant to court order dated 12/16/2014.--[Edited 01/12/2015 by RAV] (ECF: Jesse Ray) [Entered: 01/07/2015 01:34 PM]
January 7, 2015 Notice of deficient Motion filed by Jesse Lee Ray for Donald K. Stephens, S&S Development, Inc. and Brian K. Swain in 14-12879. Document Not Filed in Consolidated Case 14-13914-BB. Please file your Motion to reinstate appeal and Amended Motion to Reinstate Appeal in consolidated case 14-13914. Your amended motion should not be filed as a response to an order, you must use the Event (aty amnd mot and doc type; Motion). Please file the exact Motions that were filed in the main appeal 14-12879-BB. If you need assistance you may contact the help desk at 404-335-6125. You have 3 days from the date of this notice to make your corrections. [14-12879, 14-13914] [Entered: 01/07/2015 09:29 AM]
December 30, 2014 Notice of deficient Motion filed by Jesse Lee Ray for Donald K. Stephens, S&S Development, Inc. and Brian K. Swain in 14-12879. please attach your appendix as an exhibit to your motion [14-12879, 14-13914] [Entered: 12/30/2014 10:15 AM]
December 30, 2014 Received paper copies of EAppendix filed by Appellant S&S Development, Inc. in 14-12879. 2 VOLUMES - 2 SETS [14-12879, 14-13914] [Entered: 01/12/2015 03:54 PM]
December 16, 2014 Notice of deficient Appellant appendix filed by Bernard Jay Morse for Appellant Donald K. Stephens and Jesse Lee Ray for Appellants Donald K. Stephens, S&S Development, Inc. and Brian K. Swain in 14-12879,14-13914. Deficiencies: no docket sheet, numbers on the indexing tabs do not correspond to the document numbers assigned by the district court.. [14-12879, 14-13914] [Entered: 12/16/2014 10:55 AM]
December 16, 2014 ENTRY OF DISMISSAL: Pursuant to the 11th Cir.R. 42-2(c), these appeals are DISMISSED for want of prosecution because the appellants S&S Development, Inc., Donald K. Stephens and Brian K. Swain in 14-12879, 14-13914 failed to file an appendix within the time fixed by the rules [14-12879, 14-13914] [Entered: 12/16/2014 10:26 AM]
December 9, 2014 Over the phone extension granted by clerk. Appellee's Brief due on 12/15/2014; extension granted to 12/22/2014 as to Appellee Branch Banking and Trust Company.. [14-12879, 14-13914] [Entered: 12/09/2014 09:52 AM]
November 17, 2014 Received paper copies of EBrief filed by Appellants S&S Development, Inc., Donald K. Stephens and Brian K. Swain in 14-12879, 14-13914. [14-12879, 14-13914] [Entered: 11/25/2014 11:46 AM]
November 10, 2014 Appellant's brief filed by S&S Development, Inc., Donald K. Stephens and Brian K. Swain. (ECF: Jesse Ray) [Entered: 11/10/2014 04:48 PM]
November 10, 2014 Added Attorney(s) Jesse Lee Ray for party(s) Appellant Brian K. Swain Appellant Donald K. Stephens Appellant S&S Development, Inc., in case 14-13914 Attorney(s) Jesse Lee Ray for party(s) Appellant Brian K. Swain Appellant Donald K. Stephens Appellant S&S Development, Inc., in case 14-12879. [14-12879, 14-13914] [Entered: 11/10/2014 12:57 PM]
November 7, 2014 APPEARANCE of Counsel Form filed by Jesse Lee Ray for Appellants S&S Development, Inc., Donald K. Stephens, Brain K. Swain (ECF: Jesse Ray) [Entered: 11/07/2014 02:15 PM]
September 29, 2014 Notice of deficient Brief filed by Bernard Jay Morse for Donald K. Stephens, S&S Development, Inc. and Brian K. Swain. Brief is premature, only has one case number. Returned unfiled. CONSOLIDATED Brief is due 11/10/14. [Entered: 09/29/2014 03:02 PM]
September 29, 2014 Opinion or Order ORDER: Motion to consolidate appeals filed by Appellant Donald K. Stephens is GRANTED by clerk. [ # 7273727-2 ] in 14-12879, ORDER: Motion to consolidate appeals filed by Appellants Donald K. Stephens, S&S Development, Inc. and Brian K. Swain is GRANTED by clerk. Appellants consolidated briefs are due 40 days from today (11/10/14) [ # 7279765-2 ] in 14-13914 [14-12879, 14-13914] [Entered: 09/29/2014 02:50 PM]
September 24, 2014 MOTION to consolidate appeals 14-12879-BB filed by S&S Development, Inc., Donald K. Stephens and Brian K. Swain. Motion is Unopposed. [7279765-1] (ECF: Bernard Morse) [Entered: 09/24/2014 01:56 PM]
September 24, 2014 Received corrected Efiling from previously deficient Motion filed by Bernard Jay Morse for Donald K. Stephens, S&S Development, Inc. and Brian K. Swain. [Entered: 10/17/2014 11:42 AM]
September 22, 2014 Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Mithoo Robert Malani for Appellee Branch Banking and Trust Company. On the same day the CIP is served, the party filing it must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-2(b). (ECF: M. Malani) [Entered: 09/22/2014 03:54 PM]
September 22, 2014 Notice of deficient Notice of Filing Motion to consolidate filed by Bernard Jay Morse for Donald K. Stephens, S&S Development, Inc. and Brian K. Swain. Incorrect Relief selected for Motion Filed. Motion to consolidate should be filed as a motion, not as a notice of filing. Please re file your motion to consolidate using the correct relief within 3 days from the date of this notice. You may contact the help desk for assistance at 404-335-6125. [Entered: 09/22/2014 02:31 PM]
September 19, 2014 DOCKETED IN ERROR *** Notice of Filing Motion to Consolidate filed by Attorney Bernard Jay Morse for Appellants Donald K. Stephens, S&S Development, Inc. and Brian K. Swain. --[Edited 09/22/2014 by CRL] (ECF: Bernard Morse) [Entered: 09/19/2014 02:21 PM]
September 16, 2014 APPEARANCE of Counsel Form filed by Mithoo Robert Malani for Branch Banking and Trust Company. (ECF: M. Malani) [Entered: 09/16/2014 10:40 AM]
September 16, 2014 E-filed Appearance of Counsel processed for Attorney Mithoo Robert Malani for Appellee Branch Banking and Trust Company in 14-13914. [Entered: 09/22/2014 02:37 PM]
September 16, 2014 APPEARANCE of Counsel Form filed by William Glenn Jensen for Branch Banking and Trust Company. (ECF: William Jensen) [Entered: 09/16/2014 11:20 AM]
September 16, 2014 E-filed Appearance of Counsel processed for Attorney William Glenn Jensen for Appellee Branch Banking and Trust Company in 14-13914. [Entered: 09/22/2014 02:38 PM]
September 15, 2014 Civil Appeal Statement filed by Attorney Bernard Jay Morse for Appellants Donald K. Stephens and S&S Development, Inc.. (ECF: Bernard Morse) [Entered: 09/15/2014 03:06 PM]
September 15, 2014 Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Bernard Jay Morse for Appellants Donald K. Stephens and S&S Development, Inc.. On the same day the CIP is served, the party filing it must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-2(b). (ECF: Bernard Morse) [Entered: 09/15/2014 03:06 PM]
September 15, 2014 APPEARANCE of Counsel Form filed by Bernard Jay Morse for Donald K. Stephens and S&S Development, Inc.. (ECF: Bernard Morse) [Entered: 09/15/2014 03:04 PM]
September 15, 2014 TRANSCRIPT INFORMATION FORM SUBMITTED by Attorney Bernard Jay Morse for Appellants Donald K. Stephens and S&S Development, Inc.. No hearings. (ECF: Bernard Morse) [Entered: 09/15/2014 03:09 PM]
September 15, 2014 TRANSCRIPT INFORMATION form filed by Attorney Bernard Jay Morse for Appellants Donald K. Stephens, S&S Development, Inc. and Brian K. Swain. No hearings. [Entered: 09/15/2014 03:46 PM]
September 15, 2014 Briefing Notice issued to Appellants S&S Development, Inc., Donald K. Stephens and Brian K. Swain. The appellants brief is due on or before 10/07/2014. The appendix is due no later than 7 days from the filing of the appellant's brief. [Entered: 09/15/2014 04:06 PM]
September 15, 2014 E-filed Appearance of Counsel processed for Attorney Bernard Jay Morse for Appellant Donald K. Stephens in 14-13914, Attorney Bernard Jay Morse for Appellant S&S Development, Inc. in 14-13914. [Entered: 09/15/2014 03:42 PM]
September 15, 2014 E-filed Appearance of Counsel processed for Attorney Bernard Jay Morse for Appellant Brian K. Swain in 14-13914. [Entered: 09/15/2014 03:43 PM]
September 11, 2014 Appellate fee was paid on 09/02/2014 as to Appellant S&S Development, Inc., receipt #TPA25432. [Entered: 09/11/2014 08:28 AM]
August 28, 2014 CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant S&S Development, Inc. on 08/27/2014. Fee Status: Fee Not Paid. Awaiting Appellant's CIP Due on 09/22/2014 as to Appellant S&S Development, Inc. [Entered: 09/02/2014 11:01 AM]

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Search for this case: Branch Banking & Trust v. S&S Development, Inc., et al
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Plaintiff / appellee: BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, as successor-in-interest to Colonial Bank by asset acquisition from the FDIC as Receiver for Colonial Bank, successor by merger to Citrus and Chemical Bank
Represented By: William Glenn Jensen
Represented By: M. Robert Malani
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Defendant / appellant: S&S DEVELOPMENT, INC., a Florida corporation
Represented By: Jesse Lee Ray
Represented By: Martin S. Awerbach
Represented By: Robert W. Pyles
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Defendant / appellant: BRIAN K. SWAIN, individually
Represented By: Jesse Lee Ray
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Defendant / appellant: DONALD K. STEPHENS, individually
Represented By: Jesse Lee Ray
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