Opinion
Case No. 6:11-bk-14989-KSJ Adversary No. 6:12-ap-00011-KSJ
04-15-2014
In re JAMES NEWELL CHARLES, Debtor. JEFFREY ATWATER, in his official capacity as Florida Chief Financial officer, and the STATE RISK MANAGEMENT TRUST FUND, Plaintiffs, v. JAMES NEWELL CHARLES, Defendant.
Chapter 7
ORDER GRANTING PLAINTIFFS' MOTION FOR
ENTRY OF AN ORDER REGARDING FURTHER STATE COURT PROCEEDINGS
The Plaintiffs, Jeffrey Atwater as Florida Chief Financial Officer and the State Risk Management Trust Fund, request the entry of an order allowing them to proceed with assessment of attorney fees and costs pursuant to the Florida Fifth District Court of Appeals' Order entered on March 19, 2013 in Case No. 5D11-2915. Consistent with the Memorandum Opinion Granting Plaintiffs' Motion for Entry of an Order Regarding Further State Court Proceedings, entered simultaneously, it is
ORDERED:
1. The Plaintiffs' Motion for Entry of an Order with Respect to Further State Trial Court Proceedings (Doc. No. 33) is granted.
2. Any attorney fees or costs awarded by the appropriate Circuit Court against the Debtor/Defendant, James Newell Charles, pursuant to the Florida Fifth District Court of Appeals' sanctions order dated March 19, 2013 in Case No. 5D11-2915 are classified as post-petition liabilities and are not subject to the Debtor's discharge (Main Case No. 6:11-bk-14989-KSJ, Doc. No. 35).
DONE AND ORDERED in Orlando, Florida, April 15, 2014.
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KAREN S. JENNEMANN
Chief United States Bankruptcy Judge
Cheryl Marie Brittle, Attorney for Plaintiffs, is directed to serve a copy of this order on interested parties and file a proof of service with the Court confirming such service within three days.