IZAAK WALTON INVESTORS, LLC., SHERWOOD PARTNERS, LLC, GULF TO BAY YANKEETOWN, LLC, RDG PARTNERS, L.P., JAMES SHERWOOD, ROBERT E. DOWDELL, DENNIS CHOOKASZIAN, KAREN CHOOKASZIAN, MICHAEL J. SPITTLER, MICHAEL A. PARTIARCA, PETER SPITTLER, and MICHAEL CHOOKASZIAN, v. BRANCH BANKING AND TRUST COMPANY, a North Carolina banking institution, successor in interest to Colonial Bank by asset acquisition from the FDIC as Receiver for Colonial Bank

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA IZAAK WALTON INVESTORS, LLC., SHERWOOD PARTNERS, LLC, GULF TO BAY YANKEETOWN, LLC, RDG PARTNERS, L.P., JAMES SHERWOOD, ROBERT E. DOWDELL, DENNIS CHOOKASZIAN, KAREN CHOOKASZIAN, MICHAEL J. SPITTLER, MICHAEL A. PARTIARCA, PETER SPITTLER, and MICHAEL CHOOKASZIAN, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-4839 Appellants, v. BRANCH BANKING AND TRUST COMPANY, a North Carolina banking institution, successor in interest to Colonial Bank by asset acquisition from the FDIC as Receiver for Colonial Bank, Appellee. _____________________________/ Opinion filed November 22, 2011. An appeal from the Circuit Court for Levy County. Robert E. Roundtree, Jr., Judge. Kimberly L. Sharpe of Johnson, Pope, Bokor Ruppel & Burns, LLP, Clearwater, for Appellants. John A. Anthony, and Allison C. Doucette of Anthony & Partners, LLC, Tampa, for Appellee. PER CURIAM. DISMISSED. See Bennett=s Leasing, Inc. v. First Street Mortgage Corp., 870 So. 2d 93 (Fla. 1st DCA 2003) (dismissing appeal and holding a motion to vacate directed at a nonfinal order is not a motion filed under rule 1.540, Florida Rules of Civil Procedure). All pending motions are denied as moot. HAWKES, MARSTILLER, and RAY, JJ., CONCUR. 2

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