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Defendants.
____________________________________
JOH CARROLL,
Counter-Plaintiff
vs.
Counter-Defendants.
____________________________________________/
1. On October 14, 2010 the Court heard Plaintiff’s Motion for Summary
Judgment over the objection of John Carroll who was not served with Centennial’s
Motion for Summary Judgment (nor was the Court served with Centennials Motion).
2. Counsel for Centennial decided during the hearing to forgo Centennial’s
Motion for Summary Judgment and ride on Coastal’s Motion for Summary Judgment
instead.
3. Carroll knew, and knows, that Coastal’s Motion for Summary Judgment
could not issue because of unresolved material issues to be resolved at trial, but Carroll
also knew that he was not required to provide a Memorandum in Opposition to Coastal’s
Motion, because Coastal was closed by the FDIC long before the hearing on the Motion
Motion for Summary Judgment, as soon as it was filed, but Centennial never filed their
Motion, despite the fact that he Notice of Hearing said they had.
5. Even this Honorable Court had no idea prior to the hearing that the parties
6. The simple fact of the matter is, the loan that Centennial now argues to
foreclose was modified and replaced by a new loan, with a new balance, new terms,
A) Relief from the Order granting the partial final summary judgment.
that this Court can hear from the Counter Plaintiff and the Internal Revenue Service on
CERTIFICATE OF SERVICE
_____________________________
John P. Carroll
Box 613524
WaterSound, FL 32461
Tel: (850)231-5616
Fax: (850)622-5618
CCB-Carroll000069