Branch Banking and Trust Company v. Meldrum et al, No. 4:2013cv01732 - Document 45 (D.S.C. 2014)

Court Description: OPINION AND ORDER: The Court has reviewed and considered all of the arguments, pleadings, and evidence in this matter, and there being no genuine issues of material fact in dispute, Plaintiff's Motion 36 is hereby GRA NTED. Summary Judgment is hereby entered in favor of Plaintiff against Defendants on each of the claims set forth in Plaintiff's Complaint, and IT IS HEREBY ORDERED AND ADJUDGED THAT Defendants are each liable for breach of contract as to their respective Guaranty Agreement. IT IS HEREBY ORDERED AND ADJUDGED that Plaintiff is awarded damages as follows: (a) against Defendants William R. Meldrum, Kevin Mills, and Andrew J. Preziosi, jointly and severally, in the amount of $6,351,244.93 , which includes the unpaid principal balance of $6,053,603.17 and unpaid interest of $297,641.76, plus per diem interest in the amount of $1,387.28 per day that continues to accrue from March 10, 2014 through entry of this Final Order & Judgment, plus attorney fees and costs in the amount of fifteen percent (15%) of the principal and interest, plus post-judgment interest accruing thereon at the statutory rate; and (b) against Defendant Christine Humbert, jointly and severall y, in the amount of $963,501.76, which includes unpaid principal balance in the amount of $665,860.00 (pursuant to the cap set forth in her Limited Guaranty Agreement) and unpaid interest of $297,641.76, plus per diem interest in the amount of $1,387.28 per day that continues to accrue from March 10, 2014 through entry of this Final Order & Judgment, plus attorney fees and costs in the amount of fifteen percent (15%) of said principal and interest amounts, plus post-judgment interest accruing thereon at the statutory rate. Signed by Honorable Mary G Lewis on 5/5/2014.(prou, )