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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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