Opinion
Case No. 6:11-bk-14989-KSJ Adversary No. 6:12-ap-00011-KSJ
06-27-2014
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
FINAL JUDGMENT
This adversary proceeding came on for hearing on June 5, 2014, on the Plaintiffs' Motion for Summary Judgment (Doc. No. 26). Consistent with the Memorandum Opinion entered contemporaneously, it is
ORDERED:
1. Count I of the Complaint (Doc. No. 1) asserting fraud while acting in a fiduciary capacity under 11 U.S.C. § 523(a)(4) is dismissed.
2. Final Summary Judgment is entered in favor of the Plaintiffs, Jeffrey Atwater, in his official capacity as Florida Chief Financial officer, and the State Risk Management Trust Fund, and against the Debtor and Defendant, James Newell Charles, as to Count II of the Complaint (Doc. No. 1) asserting nondischargeability of the fee judgment as a debt for willful and malicious injury under 11 U.S.C. § 523(a)(6).
3. Final Summary Judgment is entered in favor of the Plaintiffs, Jeffrey Atwater, in his official capacity as Florida Chief Financial officer, and the State Risk Management Trust Fund, and against the Debtor and Defendant, James Newell Charles as to Count III of the Complaint (Doc. No. 1) asserting nondischargeability of the fee judgment as a fine or penalty payable to a governmental unit under 11 U.S.C. § 523(a)(7).
DONE AND ORDERED in Orlando, Florida, on June 27, 2014.
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KAREN S. JENNEMANN
Chief United States Bankruptcy Judge
Blaine H. Winship, attorney for the Plaintiffs, is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order.