Opinion
CASE NO.: 8:09-cv-2392-T-23TBM.
October 29, 2010
ORDER
The plaintiff moves (Doc. 28) for summary judgment against Robert Crowder. A previous order (Docs. 13, 14, 15) defaults each of the other three defendants. Crowder opposes summary judgment (Doc. 32) on the basis "that the unforseen massive real estate crash and resulting banking crisis resulted in the inability to satisfy this Loan" and "that the doctrine of commercial frustration and impossibility of performance prevented the Loan's repayment." Crowder suggests that summary judgment is premature but fails to identify (1) a genuine issue of material fact, (2) a valid legal defense, or (3) a reason for discovery. The motion (Doc. 28) is GRANTED. The plaintiff's motion for leave to file a reply (Doc. 33) is DENIED AS MOOT. The clerk is directed to (1) enter judgment against each defendant, jointly and severally, for $1,167,096.46, plus interest from September 27, 2010, at the rate of 9.25% or $240.72 per diem, (2) terminate any pending motion, and (3) close the case.
ORDERED in Tampa, Florida, on October 29, 2010.