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Regions Bank v. Kaplan

United States District Court, M.D. Florida, Tampa Division

November 15, 2017

REGIONS BANK, an Alabama banking corporation, Plaintiff,
v.
MARVIN I. KAPLAN, an individual; R1A PALMS, LLC, a Florida limited liability company; LIGHTHOUSE POINTE, LLC, a Florida limited liability company; WELLS FARGO, BANK, N.A., a national banking association, as successor by merger with Wachovia Bank, N.A., TRIPLE NET EXCHANGE, LLC, a Delaware limited liability company; MK INVESTING, LLC, a Florida limited liability company; BNK SMITH, LLC, a Florida limited liability company; and SMITH ADVERTISING & ASSOCIATES, INC., a North Carolina corporation. Defendants.

          FINAL JUDGMENT IN A CIVIL CASE

          Elizabeth A. Kovachevich, United States District Judge

         Decision by Court.

         This action came before the Court and a decision has been rendered.

         Dkt. 671 Corrected Second Amended Complaint of Regions Bank

         Dkt. 190 Second Amended Complaint of Regions Bank

         Count I Breach of Deposit Agreement against R1A Palms, LLC

         A decision was rendered on Count I on April 18, 2016 (Dkt. 652). It is hereby ordered that final judgment is entered in favor of Regions Bank, and against R1A Palms LLC in the amount of $3, 366, 007.52, plus prejudgment interest of $942, 400.31 until November 9, 2017, and prejudgment interest of $493.66 daily until entry of final judgment. Jurisdiction is reserved to determine entitlement to attorney's fees and costs (Dkt. 851).

         Count II Obligation of Reimbursement against R1A Palms. LLC under Sec. 674.207(2), FJa. Stat.

         A decision was rendered on Count II on April 18, 2016 (Dkt. 652). It is hereby ordered that final judgment is entered in favor of Regions Bank, and against R1A Palms LLC in the amount of $3, 366, 007.52, plus prejudgment interest of $942, 400.31 until November 9, 2017, and prejudgment interest of $493.66 daily until entry of final judgment. Jurisdiction is reserved to determine entitlement to expenses (Dkt. 851).

         Count III Obligation of Refund against R1A Palms, LLC under Sec. 674.2141(1), FJa. Stat.

         A decision was rendered on Count III on April 18, 2016 (Dkt. 652). It is hereby ordered that final judgment is entered in favor of Regions Bank, and against R1A Palms LLC in the amount of $3, 366, 007.52, plus prejudgment interest of $942, 400.31 until November 9, 2017, and prejudgment interest of $493.66 daily until entry of final judgment (Dkt. 851).

         Count IV Obligation of Indorser against R1A Palms, LLC under Sec. 673.4151. (1), Fla. Stat.

         A decision was rendered on Count IV on April 18, 2016 (Dkt. 652). It is hereby ordered that final judgment is entered in favor of Regions Bank, and against R1A Palms LLC in the amount of $3, 366, 007.52, plus prejudgment interest of $942, 400.31 until November 9, 2017, and prejudgment interest of $493.66 daily until entry of final judgment (Dkt. 851).

         Count V Conversion against R1A Palms, LLC A decision was rendered on Count V on April 18, 2016 (Dkt. 654). It is hereby ordered that final judgment is entered in favor of R1A Palms, LLC and against Regions Bank.

         Count VI Fraudulent Concealment against R1A Palms, LLC A decision was rendered on Count VI on June 23, 2017 (Dkt. 826). It is hereby ordered that final judgment is entered in favor of R1A Palms, LLC and against Regions Bank.

         Count VII Aiding/Abetting against R1A Palms, LLC A decision was rendered on Count VII on June 23, 2017 (Dkt. 826). It is hereby ordered that final judgment is entered in favor of R1A Palms, LLC and against Regions Bank.

         Count VIII Breach of Deposit Agreement against Triple Net Exchange, LLC A decision was rendered on Count VIM on April 18, 2016 (Dkt. 652). It is hereby ordered that final judgment is entered in favor of Regions Bank, and against Triple Net Exchange LLC in the amount of $1, 689, 590.03, plus prejudgment interest in the amount of $467, 513.70 until November 9, 2017, and prejudgment interest of $247.65 daily until entry of final judgment (Dkt. 851). Jurisdiction is reserved to determine entitlement to attorney's fees and costs.

         Count IX Obligation of Reimbursement against Triple Net Exchange, LLC under Sec. 674.207(2), Fja. Stat.

         A decision was rendered on Count IX on April 18, 2016 (Dkt. 652). It is hereby ordered that final judgment is entered in favor of Regions Bank, and against Triple Net Exchange LLC in the amount of $1, 689, 590.03, plus prejudgment interest in the amount of $467, 513.70 until November 9, 2017, and prejudgment interest of $247.65 daily until entry of final judgment (Dkt. 851). Jurisdiction is reserved to determine entitlement to Case No. 8:12-CV-1837-T-17MAP expenses.

         Count X Obligation of Refund against Triple Net Exchange, LLC under Sec. 674.2141(1), Fla. Stat.

         A decision was rendered on Count X on April 18, 2016 (Dkt. 652). It is hereby ordered that final judgment is entered in favor of Regions Bank, and against Triple Net Exchange LLC in the amount of $1, 689, 590.03, plus prejudgment interest in the amount of $467, 513.70 until November 9, 2017, and prejudgment interest of $247.65 daily until entry of final judgment (Dkt. 851).

         Count XI Obligation of Indorser against Triple Net Exchange, LLC under Sec. 673.4151. (1), Ra. Stat.

         A decision was rendered on Count XI on April 18, 2016 (Dkt. 652). It is hereby ordered that final judgment is entered in favor of Regions Bank, and against Triple Net Exchange LLC in the amount of $1, 689, 590.03, plus prejudgment interest in the amount of $467, 513.70 until November 9, 2017, and prejudgment interest of $247.65 daily until entry of final judgment (Dkt. 851).

         Count XII Conversion against Triple Net Exchange, LLC A decision was rendered on Count XII on April 18, 2016 (Dkt. 654). It is hereby ordered that final judgment is entered in favor of Triple Net Exchange, LLC and against Regions Bank.

         Count XIII Fraudulent Concealment against Triple Net Exchange, LLC A decision was rendered on Count XIII on June 23, 2017 (Dkt. 826). It is hereby ordered that final judgment is entered in favor of Triple Net Exchange, LLC and against Regions Bank.

         Count XIV Aiding/Abetting against Triple Net Exchange, LLC A decision was rendered on Count XIV on June 23, 2017 (Dkt. 826). It is hereby ordered that final judgment is entered in favor of Triple Net Exchange, LLC and against Regions Bank.

         Count XV Breach of Deposit Agreement against MK Investing, LLC A decision was rendered on Count XV on April 18, 2016 (Dkt. 652). It is hereby ordered that final judgment is entered in favor of Regions Bank, and against MK Investing, LLC in the amount of $1, 178, 923.79 plus prejudgment interest of $326, 222.14 to November 9, 2017, and prejudgment interest of $173.00 daily until entry of final judgment. Jurisdiction is reserved to determine entitlement to attorney's fees and costs (Dkt. 851).

         Count XVI Obligation of Reimbursement against MK Investing, LLC under Sec. 674.207(2), Ha. Stat.

         A decision was rendered on Count XVI on April 18, 2016 (Dkt. 652). It is hereby ordered that final judgment is entered in favor of Regions Bank, and against MK Investing, LLC in the amount of $1, 178, 923.79 plus prejudgment interest of $326, 222.14 to November 9, 2017, and prejudgment interest of $173.00 daily until entry of final judgment (Dkt. 851). Jurisdiction is reserved to determine entitlement to expenses.

         Count XVII Obligation of Refund against MK Investing, LLC under Sec. 674.2141(1), Fja. Stat.

         A decision was rendered on Count XVII on April 18, 2016 (Dkt. 652). It is hereby ordered that final judgment is entered in favor of Regions Bank, and against MK Investing, LLC in the amount of $1, 178, 923.79 plus prejudgment interest of $326, 222.14 to November 9, 2017, and prejudgment interest of $173.00 daily until entry of final judgment (Dkt. 851).

         Count XVIII Obligation of Indorser against MK Investing, LLC under Sec. 673.4151. (1), Fla. Stat.

         A decision was rendered on Count XVIII on April 18, 2016 (Dkt. 652). It is hereby ordered that final judgment is entered in favor of Regions Bank, and against MK Investing, LLC in the amount of $1, 178, 923.79 plus prejudgment interest of $326, 222.14 to November 9, 2017, and prejudgment interest of $173.00 daily until entry of final judgment (Dkt.851).

         Count XIX Conversion against MK Investing, LLC A decision was rendered on Count XIX on April 18, 2016 (Dkt. 654). It is hereby ordered that final judgment is entered in favor of MK Investing, LLC and against Regions Bank.

         Count XX Fraudulent Concealment against MK Investing, LLC A decision was rendered on Count XX on June 23, 2017 (Dkt. 826). It is hereby ordered that final judgment is entered in favor of MK Investing, LLC and against Regions Bank.

         Count XXI Aiding/Abetting against MK Investing, LLC A decision was rendered on Count XXI on June 23, 2017 (Dkt. 826). It is hereby ordered that final judgment is entered in favor of MK Investing, LLC and against Regions Bank.

         Count XXII Breach of Deposit Agreement against BNK Smith, LLC A decision was rendered on Count XXII on April 18, 2016 (Dkt. 652). It is hereby ordered that final judgment is entered in favor of Regions Bank against BNK Smith, LLC in the amount of $164, 379.01 plus prejudgment interest of $48, 485.23 to November 9, 2017 and prejudgment interest of $24.12 daily until entry of final ...


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