Textron Financial Corporation v. New Horizon Home Sales, Inc. et al
| Textron Financial Corporation |
| New Horizon Home Sales, Inc., Gilmer Housing Partners, LLC and Summit Community Bank |
| 1:2010cv00039 |
| March 10, 2010 |
| US District Court for the Northern District of West Virginia |
| Clarksburg Office |
| Irene M. Keeley |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
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Filing
84
Memorandum Opinion and Order Awarding pre-judgment interest to the plaintiff in the amount of $30,280.99. Signed by Senior Judge Frederick P. Stamp, Jr. on 3/30/11. (mh)
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Filing
78
MEMORANDUM OPINION AND ORDER GRANTING AS FRAMED PLAINTIFF TEXTRON FINANCIALCORPORATIONS MOTION FOR SUMMARY JUDGMENT AND DENYING THIRD-PARTY DEFENDANT OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF GILMER COUNTY, WEST VIRGINIASMOTION TO DISMISS: Plai ntiff Textron Financial Corporations motion for summary judgment [ 53] and 54 is GRANTED AS FRAMED. This Court declares that TFC is the priority lienholder of the Encumbered Unit, awards TFC$270,166.77 in damages as against New Horizon and po st-judgment interest in the amount of 0.25% from the date of this judgment and pre-judgment interest in an amount to be determined after the parties submit a computation of pre-judgment interest no later than 3/29/11, declines to find that $ ;160,462.00 in damages constitutes a fraud upon TFC, finds that New Horizon shall immediately surrender possession of the Encumbered Unit to TFC, and awards attorneys fees to TFC in an amount to be determined after TFC submits a bill of costs on orbefore 3/29/11. Third-party defendant The Office of the Clerk of Gilmer County, West Virginias motion to dismiss [ 46] is hereby DENIED. Signed by Senior Judge Frederick P. Stamp, Jr on 3/15/11. (jcs)
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