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BRANCH BANKING AND TRUST COMPANY v. S&S DEVELOPMENT, INC.

Case No. 8:13-cv-1419-T-30TGW.

BRANCH BANKING AND TRUST COMPANY, Plaintiff, v. S&S DEVELOPMENT, INC., BRIAN K. SWAIN and DONALD K. STEPHENS, Defendants.

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

May 28, 2014.

Attorney(s) appearing for the Case

Branch Banking and Trust Company, a North Carolina banking corporation, as successor-in-interest to Colonial Bank by asset acquisition from the FDIC as Receiver for Colonial Bank, successor by merger to Citrus and Chemical Bank, Plaintiff, represented by Mithoo Robert Malani, Roetzel & Andress, LPA & W. Glenn Jensen, Roetzel & Andress, LPA.

S&S Development, Inc., a Florida corporation, Defendant, represented by Martin S. Awerbach, Awerbach & Cohn, PA.

Brian K. Swain, individually, Defendant, represented by Martin S. Awerbach, Awerbach & Cohn, PA.

Donald K. Stephens, individually, Defendant, represented by Bernard Jay Morse, IV, Morse Law Firm PA.

Marsha G. Rydberg, Mediator, represented by Marsha G. Rydberg, The Rydberg Law Firm.

ORDER

JAMES S. MOODY, Jr., District Judge.

THIS CAUSE comes before the Court upon Plaintiff Branch Banking and Trust Company's Motion for Summary Judgment (Dkt. #31), and Defendants S&S Development, Inc. and Brian K. Swain's Response in Opposition (Dkt. #34), and Defendant Donald K. Stephens' Joinder in S&S Development, Inc. and Brian K. Swain's Response (Dkt. #36). Upon review and consideration, it is the Court's conclusion...

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