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IN RE MONA LISA AT CELEBRATION, LLC

Bankruptcy No. 6:09-bk-00458-KSJ. Adversary Nos. 6:09-ap-00049, 6:09-ap-000769, 6:09-ap-000770.

410 B.R. 710 (2009)

In re MONA LISA AT CELEBRATION, LLC, Debtor. Laura Bruno, et al., Plaintiffs, v. Mona Lisa at Celebration, LLC, Westchester Fire Insurance Company, SunTrust Bank, and BankFirst, Defendants. Karen Dodsworth, et al., Plaintiffs, v. Mona Lisa at Celebration, LLC, Westchester Fire Insurance Company, SunTrust Bank, and BankFirst, Defendants. Moire McKibbin, et al., Plaintiffs, v. Mona Lisa at Celebration, LLC, Westchester Fire Insurance Company, SunTrust Bank, and BankFirst, Defendants.

United States Bankruptcy Court, M.D. Florida, Orlando Division.

August 12, 2009.

Attorney(s) appearing for the Case

John L. Urban, Urban Their Federer & Jackson, P.A., Orlando, FL, Mark C. Rutecki, Celebration, FL, for Plaintiffs.

R. Scott Shuker, Latham Shuker Eden & Beaudine LLP, Orlando, FL, for Defendants Mona Lisa at Celebration, LLC. Vanessa D. Sloat-Rogers, Sedgwick Detert Moran & Arnold LLP, Ft Lauderdale, FL, for Defendants Westchester Fire Insurance Company.

John R. Stump, Stump Callahan Dietrich & Spears PA, Orlando, FL, for Defendants SunTrust Bank.

L. William Porter, III, Lowndes Drosdick Doster Kantor & Reed PA, Orlando, FL, for Defendants BankFirst.

MEMORANDUM OPINION DENYING DEFENDANTS' MOTIONS TO DISMISS

KAREN S. JENNEMANN, Bankruptcy Judge.

The debtor, Mona Lisa at Celebration, LLC ("Mona Lisa"), owns and operates an upscale hotel which was built with the intention that investors would purchase individual suites as hotel condominiums. The 55 plaintiffs, each a dissatisfied purchaser of these condominium units, have filed these three separate adversary proceedings — the Bruno Adversary...

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