PNC Bank, N.A. v. Starlight Properties & Holdings, LLC et al
| PNC Bank, N.A. |
| Grant Street Corporation, Cirrus Care, Inc., Shameem Ali, West Oaks Commerce Park Condominium Association, Inc. and Starlight Properties & Holdings, LLC |
| 6:2013cv00408 |
| March 13, 2013 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| XX US, Outside State |
| Charlene Edwards Honeywell |
| Karla R. Spaulding |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-Contract Default |
| None |
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Filing
42
ORDER adopting 41 Report and Recommendation of the Magistrate Judge. 1. The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appella te review. 2. PNC's Renewed Motion for Default Judgment (Doc. 33) is GRANTED in part and DENIED in part as follows: a. Starlight is liable for breach of the Promissory Note (Count I); b. Cirrus and Ali are liable for breach of the Commercial G uaranty Agreements (Count II); c. Entry of a Final Judgment of Foreclosure against Defendants and an order to conduct a foreclosure sale of the property commonly known as 13650 West Colonial Drive, Unit 10, Building B, Winter Garden, FL is appropriat e (Count III); d. PNC is awarded damages against Starlight, Ali, and Cirrus, jointly and severally, in the form of unpaid principal, interest, and late charges under the Promissory Note, the Change in Terms Agreement, and the Commercial Guaranties. Within FOURTEEN (14) DAYS from the date of this Order, PNC shall submit a notice to the Court indicating the amount of unpaid principal, interest, and late charges as of the date of submission of the notice and showing how it was calculated. If the Court finds the total amount of unpaid principal, interest, and late charges noticed by PNC to be properly calculated, the Court will include the total amount in the judgment. e.Except as noted in the Report and Recommendation and in this Order, the Court finds the hourly rate and hours expended to be reasonable. Therefore, PNC is awarded damages against Starlight, Ali, and Cirrus, jointly and severally, in the total amount of $7,198.71, which represents $5,172.50 in attorney's fe es and $2,026.21 in costs. f. It is further ordered and adjudged that Starlight, Ali, and Cirrus shall complete under oath Florida Rule of Civil Procedure Form 1.977 (Fact Information Sheet), including all required attachments, and serve it on P NC's attorney within FORTY-FIVE (45) DAYS from the date of the final judgment. Failure to obey this Order may subject the parties to contempt of court. 3. Within FOURTEEN (14) DAYS from the date of this Order, PNC shall tender the original pr omissory notes at issue in this case to the Clerk of Court for cancellation. 4. Within FOURTEEN (14) DAYS from the date of this Order, PNC shall submit a proposed Final Judgment which incorporates the amounts awarded in this Order, including unpaid principal, interest, and late charges calculated through the date of submission. The proposed Final Judgment should be emailed to Chambers_FLMD_honeywell@flmd.uscourts.gov. SEE ORDER FOR COMPLETE DETAILS. Signed by Judge Charlene Edwards Honeywell on 6/9/2014. (BGS)
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