Rangeline Lender LLC v. High Nob-Rangeline, LLC
Rangeline Lender LLC v. High Nob-Rangeline, LLC
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION
RANGELINE LENDER, LLC, ) ) Plaintiff, ) ) )
) vs. CIVIL ACTION NO. 20-207-CG )
) HIGH NOB-RANGELINE, LLC, et al., ) ) Defendants. ) FINAL ORDER AND JUDGMENT Upon consideration of Plaintiff Rangeline Lender, LLC’s (“Plaintiff”) Motion for Summary Judgment (Doc. 64) (the “Motion”), Defendant High-Nob Rangeline, LLC (the “Borrower”) and Defendant Jack R. McCoy Revocable Trust U/A/D February 16, 2005’s (the “Jack Trust”) Opposition to the Motion (Doc. 68), and Plaintiff’s Reply in Support of the Motion (Doc. 72), for the reasons stated in the Court’s opinion entered March 24, 2022 (Doc. 85) (the “Order”), and for good cause shown, it is hereby ORDERED, ADJUDGED, and DECREED that: 1. The Motion is GRANTED and Plaintiff is entitled to judgment as a matter of law as to the following counts of the Complaint (Doc. 1): a. Count I—Breach of Contract against the Borrower; b. Count II—Breach of Contract against the Jack Trust and the Winifred B. McCoy Revocable Trust U/A/D April 22, 2008 (the “Winifred Trust” and together with the Jack Trust, the “Guarantors”);
c. Count IV—Account Stated against Borrower; and d. Count V—Money Lent against Borrower. 2. Judgment in favor of the Plaintiff and against each of the Borrower, the Jack Trust, and the Winifred Trust, jointly and severally, is hereby entered in the amount of $990,623.88, which amount consists of $752,076.28 in principal and $238,547.60 in interest as of March 24, 2022. 3. The Motion is DENIED as to Count III of the Complaint, Unjust
Enrichment against the Borrower, which Count is further dismissed with prejudice. 4. The Motion is GRANTED in favor of Plaintiff as to all three Counts of the Borrower’s Amended Counterclaim (the “Amended Counterclaim”) (Doc. 44) (Declaratory Judgment (Count I); Wrongful Foreclosure (Count II); and Breach of Contract (Count III)), which Counts are further dismissed with prejudice. 5. The Motion is GRANTED IN PART as to Plaintiff’s request for costs and
attorneys’ fees. See (Doc. 85 at 41–50 (detailing the evidence, arguments, and authority weighed by the Court in awarding attorneys’ fees, which included without waiver weighing the factors outlined in Johnson v. Georgia Highway Express, Inc.,
488 F.2d 717(5th Cir. 1974)). In addition to the judgment amounts awarded in paragraph 2 above, judgment in favor of Plaintiff and against each of the Borrower, the Jack Trust, and the Winifred Trust, jointly and severally, is hereby entered in the amount of $113,225.00 for reasonable attorneys’ fees and costs through December 28, 2021. 6. Upon application by Plaintiff to this Court, which application shall be
made consistent with the Order’s findings regarding the reasonableness and collectability of attorneys’ fees and collection costs (including without waiver the rates awarded by the Court, see (Doc. 85 at 41–50)), Plaintiff shall be awarded reasonable attorneys’ fees and collection costs incurred from December 28, 2021 through March 24, 2022. Plaintiff is Ordered to submit its application for attorneys’ fees and costs by April 18, 2022. 7. Pursuant to
28 U.S.C. § 1961and after March 24, 2022, post-judgment
interest will accrue at the rate of 1.30% on the judgment amounts awarded in paragraphs 2 and 5 above and on any amounts ultimately awarded pursuant to paragraph 6 above. The Borrower, the Jack Trust, and the Winifred Trust shall be jointly and severally liable for such post-judgment interest. DONE and ORDERED this 4th day, April 2022. /s/ Callie V. S. Granade SENIOR UNITED STATES DISTRICT JUDGE
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