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Regions Bank v. Kaplan

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

June 11, 2018

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.

          AMENDED 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 R1 A 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, and post-judgment interest pursuant to 28 U.S.C. Sec. 1961 to accrue from the date of final judgment, for which sum execution shall issue. Jurisdiction is reserved to determine entitlement to attorney's fees and costs (Dkt. 851), and to consider all pending, and any other appropriate, post-judgment motions.

         Count II Obligation of Reimbursement against R1A Palms. LLC under Sec. 674.207(2), Ra. 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, and post-judgment interest pursuant to 28 U.S.C. Sec. 1961 to accrue from the date of final judgment, for which sum execution shall issue Jurisdiction is reserved to determine entitlement to expenses (Dkt. 851), and to consider all pending, and any other appropriate, post-judgment motions.

         Count III Obligation of Refund against R1A Palms, LLC under Sec. 674.2141(1), Ra. 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), and post-judgment interest pursuant to 28 U.S.C. Sec. 1961 to accrue from the date of final judgment, for which sum execution shall issue. Jurisdiction is reserved to consider all pending, and any other appropriate, post-judgment motions

         Count IV Obligation of Indorser against R1A Palms, LLC under Sec. 673.4151. (1), Ra. 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 R1 A 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), and post-judgment interest pursuant to 28 U.S.C. Sec. 1961 to accrue from the date of final judgment, for which sum execution shall issue. Jurisdiction is reserved to consider all pending, and any other appropriate, post-judgment motions

         Count V Conversion against R1 A 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 R1 A Palms, LLC and against Regions Bank. Regions Bank shall take nothing and R1 A Palms LLC shall go hence without day.

         Count VI Fraudulent Concealment against R1 A 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 R1 A Palms, LLC and against Regions Bank. Regions Bank shall take nothing and R1 A Palms LLC shall go hence without day.

         Count VII Aiding/Abetting against R1 A 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 R1 A Palms, LLC and against Regions Bank. Regions Bank shall take nothing and R1 A Palms, LLC shall go hence without day.

         Count VIII Breach of Deposit Agreement against Triple Net Exchange, LLC

A decision was rendered on Count VIII 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), and post-judgment interest pursuant to 28 U.S.C. Sec. 1961 to accrue from the date of final judgment, for which sum execution shall issue. Jurisdiction is reserved to determine entitlement to attorney's fees and costs, and to consider all pending, and any other appropriate, post-judgment motions.

         Count IX Obligation of Reimbursement against Triple Net Exchange, LLC under Sec. 674.207(2), Ha. 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) and post-judgment interest pursuant to 28 U.S.C. Sec. 1961 to accrue from the date of final judgment, for which sum execution shall issue. Jurisdiction is reserved to determine entitlement to expenses, and to consider all pending, and any other appropriate, post-judgment motions.

         Count X Obligation of Refund against Triple Net Exchange, LLC under Sec. 674.2141(1), Fia. 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), and post-judgment interest pursuant to 28 U.S.C. Sec. 1961 to accrue from the date of final judgment, for which sum execution shall issue. Jurisdiction is reserved to consider all pending, and any other appropriate, post-judgment motions

         Count XI Obligation of Indorser against Triple Net Exchange, LLC under Sec. 673.4151. (1), Fla. 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), and post-judgment interest pursuant to 28 U.S.C. Sec. 1961 to accrue from the date of final judgment, for which sum execution shall issue. Jurisdiction is reserved to consider all pending, and any other appropriate, post-judgment motions

         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. Regions Bank shall take nothing and Triple Net Exchange, LLC shall go hence without day.

         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. Regions Bank shall take nothing and Triple Net Exchange, LLC shall go hence without day.

         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. Regions Bank shall take nothing and Triple Net Exchange, LLC shall go hence without day.

         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, and post-judgment interest pursuant to 28 U.S.C. Sec. 1961 to accrue from the date of final judgment, for which sum execution shall issue. Jurisdiction is reserved to determine entitlement to attorney's fees and costs (Dkt. 851), and to consider all pending, and any other appropriate, post-judgment motions.

         Count XVI Obligation of Reimbursement against MK Investing, LLC under Sec. 674.207(2), Fla. 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), and post-judgment interest pursuant to 28 U.S.C. Sec. 1961 to accrue from the date of final judgment, for which sum execution shall issue. Jurisdiction is reserved to determine entitlement to expenses, and to consider all pending, and any other appropriate, post-judgment motions.

         Count XVII Obligation of Refund against MK Investing, LLC under Sec. 674.2141(1), Ra. 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), and post-judgment interest pursuant to 28 U.S.C. Sec. 1961 to accrue from the date of final judgment, for which sum execution shall issue. Jurisdiction is reserved to consider all pending, and any other appropriate, post-judgment motions.

         Count XVIII Obligation of Indorser against MK Investing, LLC under Sec. 673.4151. (1), Ha. 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), and post-judgment interest pursuant to 28 U.S.C. Sec. 1961 to accrue from the date of final judgment, for which sum execution shall issue. Jurisdiction is reserved to consider all pending, and any other appropriate, post-judgment motions.

         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. Regions Bank shall take nothing and MK Investing, LLC shall go hence without day.

         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. Regions Bank shall take nothing ...

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