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IBERIABANK v. COCONUT 41, LLC

Case No. 2:11-cv-321-FtM-29DNF.

984 F.Supp.2d 1283 (2013)

IBERIABANK, a Louisiana banking corporation, as successor in interest to Orion Bank, Plaintiff, v. COCONUT 41, LLC, a Florida limited liability company, et al., Defendants. Westwind Contracting, Inc., Third-party Plaintiff, v. HG Coconut, LLC, a Florida limited liability company, Third-party Defendant. HG Coconut, LLC, Cross-claim Plaintiff, v. Westwind Contracting, Inc., Cross-claim Defendant. HG Coconut, LLC, Third-party Plaintiff, v. IberiaBank, a Louisiana banking corporation, as successor in interest to Orion Bank, Third-party Defendant.

United States District Court, M.D. Florida, Fort Myers Division.

November 18, 2013.

Attorney(s) appearing for the Case

Michael R. D'Onofrio, The D'Onofrio Law Firm, PA, Naples, FL, for Crossclaim Plaintiff.

Andrew Ignatius Solis, Cohen & Grigsby, PC, Naples, FL, David Todd Lupo, Robert Rosing, Cohen & Grigsby, PC, Bonita Springs, FL, for Coconut 41, LLC.

Merrick Lawrence Gross, Aaron S. Weiss, Michael E. Strauch, Morgan Swing, Carlton Fields, PA, Miami, FL, for Counter Defendants.

OPINION AND ORDER

JOHN E. STEELE, District Judge.

This matter came before the Court on August 27, 28, and 29, 2013 for a non-jury trial on various claims among the remaining parties. As the parties state in the Joint Pretrial Statement, this lawsuit arises from the failed development of the Coconut Crossings Master Plan Development ("Coconut Crossing"), a mixed-use commercial retail center. (Doc. #285, p. 1.) The last three parties with outstanding...

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