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IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

TRUST FINANCIAL, A MORTGAGE 

COMPANY, LLC., a Texas Limited

Liability Company

Plaintiff, CASE NO: 1:10-cv-00049-SPM-AK

Vs.

FORT ATKINSON PLANTATION, LLC,

a Florida Limited Liability Company,

OWEN B. LOVEJOY, an Individual, FRED

J. HATFIELD, III, an Individual, MARVIN

BUCHANAN, an Individual, SHERROD

CAMPBELL, an Individual, CHARLES

SHERWOOD, an Individual, and HILL

BASHAW GROUP, LLC., a Florida 

Limited Liability Company

Defendants

_______________________________________/

ANSWER, AFFIRMATIVE DEFENSES AND

COUNTERCLAIM OF SHERROD CAMPBELL AND CHARLES SHERWOOD

COME NOW, SHERROD CAMPBELL and CHARLES SHERWOOD, by and through 

their undersigned counsel and file this Answer, Affirmative Defenses and Counterclaim and state 

as follows:

ANSWER

1. Denied.

2. Denied.

3. Denied.

4. Without knowledge, therefore denied.

5. Admitted.

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6. Without knowledge, therefore denied.

7. Without knowledge, therefore denied.

8. Without knowledge, therefore denied.

9. Admitted.

10. Admitted.

11. Denied. The document attached as Exhibit A speaks for itself.

12. Denied.

13. Denied. The document speaks for itself.

14. Denied.

15. Denied. The document attached as Exhibit B speaks for itself.

16. Denied. The document attached as Exhibit C speaks for itself.

17. Denied. 

18. Denied. The document attached as Exhibit D speaks for itself.

19. Denied. The document attached as Exhibit E speaks for itself.

20. Denied. 

21. Denied. The document speaks for itself.

22. Denied.

23. Denied. The document attached as Exhibit F speaks for itself.

24. Denied.

25. Denied. The document attached as Exhibit G speaks for itself.

26. Denied.

27. Denied.

28. Denied.

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29. Denied.

30. Denied.

31. Denied.

32. Denied.

33. Denied.

34. Denied.

35. Defendants incorporate their answers to paragraphs 1-18 and 26-29 above as though fully 

set forth herein.

36. Denied.

37. Denied.

38. Defendants incorporate their answers to paragraphs 1-10, 19-25 and 30-33 above as 

though fully set forth herein.

39. Denied. 

40. Denied.

41. Denied.

42. Defendants incorporate their answers to paragraphs 1-18 and 26-29 above as though fully 

set forth herein.

43. Denied.

44. Denied.

45. Defendants incorporate their answers to paragraphs 1-10, 19-25 and 30-33 above as 

though fully set forth herein.

46. Denied.

47. Denied.

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FIRST AFFIRMATIVE DEFENSE

48. Trust Financial’s claims are barred in whole or in part by Trust Financial’s breach of 

fiduciary duty.

SECOND AFFIRMATIVE DEFENSE

49. Trust Financial is barred from the relief that it seeks, in whole or in part, because Trust 

Financial breached its duty and obligation to mitigate damages, the existence and extent 

of which are all specifically denied by the Defendants.

THIRD AFFIRMATIVE DEFENSE

50. If Trust Financial sustained any of the damages alleged, such damages were caused, in 

whole or in part, by the conduct of persons or entities other than the Defendants and over 

whom the Defendants have no control; and in the event that the Defendants are found 

liable for any of the damages asserted, they are entitled to have their liability diminished 

in proportion to the damages attributable to the culpable conduct of such persons or 

entities other than the Defendants.

FOURTH AFFIRMATIVE DEFENSE

51. Defendants retain their right to seek contribution and/or indemnification against any 

entities or persons including, but not limited to, other parties who are not presently before 

the Court.

FIFTH AFFIRMATIVE DEFENSE

52. Trust Financial’s claims fail in whole or in part for lack of consideration.

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SIXTH AFFIRMATIVE DEFENSE

53. Trust Financial’s claims are barred in whole or in part based on Trust Financial’s breach 

of the agreement(s) at issue.

SEVENTH AFFIRMATIVE DEFENSE

54. Trust Financial is barred from the relief that it seeks, in whole or in part, because Trust 

Financial breached its duty of good faith and fair dealing.

EIGHTH AFFIRMATIVE DEFENSE

55. Trust Financial’s claims are barred, in whole or in part, because Trust Financial breached 

its duty and obligation imposed by law not to deal with the debtor, or any security for the 

debt, in such a manner as to harm the interests of the Individual Defendants as the alleged 

guarantors.

NINTH AFFIRMATIVE DEFENSE

56. Defendants may have other affirmative defenses in addition to the defenses asserted 

herein, and thus reserve the right to assert such defenses in a timely fashion after the facts 

to support such defenses become known to the Defendants through discovery or as 

learned at trial.

COUNTERCLAIM

Breach of Duty to Guarantors

1. Counterclaimants incorporate Paragraphs 21 through 46 and 48 through 64 of their 

Counterclaims as if fully set forth herein.

2. Florida law imposes a duty upon lenders not to take action to harm interests of 

guarantors.

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3. The Individual Counterclaimants all have personal guarantees on the Trust Financial 

Loans.

4. By dealing with individual guarantors and the debtor, to the exclusion of 

Counterclaimants, Trust Financial impaired its own collateral.

5. Trust Financial’s actions have made it impossible for the debtor to complete the 

necessary improvements and other aspects of the contemplated development.

6. Counterclaimants are unable to fund the necessary improvements and costs of sale 

without access to the funding contractually agreed to by Trust Financial.

7. Failure of the project harms the Individual Counterclaimants in their capacity as alleged 

guarantors of the Trust Financial Loan.

8. Trust Financial breached its duty and obligation imposed by law not to deal with the 

debtor, or any security for the debt, in such a manner as to harm the interests of the 

Individual Counterclaimants as the alleged guarantors.

9. Trust Financial’s conduct was willful, malicious and oppressive and shows a complete 

want of care toward the Counterclaimants.

10. Therefore, the Counterclaimants are entitled to an award of compensatory damages 

caused by Trust Financial’s breach of duty in an amount to be determined at trial.

Counterclaimants reserve the right to amend their Counterclaim to seek punitive damages 

pursuant to Section 768.72, Florida Statutes (2008).

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11. Defendants have retained the undersigned attorneys to bring this action and are obligated 

to pay them reasonable attorney’s fees for which Trust Financial is responsible pursuant 

to the terms and conditions of the Loan Agreement(s). 

WHEREFORE, Counterclaimants request that this court enter judgment against TRUST 

FINANCIAL, A MORTGAGE COMPANY, LLC for damages, pre and post judgment interest, 

costs, attorney’s fees, and any other relief this Court deems just. 

_____/s/ Kristin M. Davis_________

Peter A. Robertson, FBN: 0876089

Kristin M. Davis, FBN: 0723398

kristin@robertsonfirm.com

THE ROBERTSON FIRM

5213 SW 91 Drive, Suite 10, Gainesville, FL 32608

Ph: (352) 327-4111 Fax: (352) 372-4434

Attorneys for Defendants, Sherrod Campbell and 

Charles Sherwood

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above and foregoing was 

furnished by U. S. Mail to Andrew J. Decker, III, Esq., ATTORNEY FOR FORT ATKINSON 

PLANTATION, LLC, FRED J. HATFIELD, III and MARVIN BUCHANAN, P.O. Box 1288 

Live Oak, FL 32064; John Gerald Pierce, Sr., Esq., ATTORNEY FOR OWEN B. LOVEJOY, 

800 N. Ferncreek Ave. Orlando, FL 32803; Robert Payne Reynolds, Esq., ATTORNEY FOR 

PLAINTIFF, 2115 11th Street Tuscaloosa, AL 35401; and Richard Paul Peterman, Esq., 

ATTORNEY FOR PLAINTIFF, 909 Mar Walt Drive Suite 1014 Fort Walton Beach, FL 32547, 

this 21st day of June, 2010. 

__________/s/ Kristin M. Davis

Peter A. Robertson, FBN: 0876089

Kristin M. Davis, FBN: 0723398

kristin@robertsonfirm.com

THE ROBERTSON FIRM

5213 SW 91 Drive, Suite 10, Gainesville, FL 32608

Ph: (352) 327-4111 Fax: (352) 372-4434

Attorneys for Defendants, Sherrod Campbell and 

Charles Sherwood

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