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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA 

PANAMA CITY DIVISION 

HANCOCK BANK, a 

Mississippi banking corporation,

Plaintiff,

vs. Case No.: 5:11-cv-00094/RS–CJK

CONSOLIDATED

BOYD BROTHERS, INC., 

a Florida corporation, JAMES

A. BOYD, SR., NANCY G. BOYD,

JAMES A. BOYD, JR., and

CECELIA R. BOYD,

Defendants.

________________________________________________________________________

FINAL JUDGMENT

Plaintiff’s Motion for Summary Judgment has previously been granted. (See Doc. 

94). Final Judgment is entered in favor of the Plaintiff as follows:

1. Defendants, JAMES A. BOYD, SR., NANCY G. BOYD, JAMES A. 

BOYD, JR., and CECILIA R. BOYD1are indebted, jointly and severally, to the Plaintiff, 

HANCOCK BANK, for the following sums:

 

1Although Plaintiff inadvertently misspelled Mrs. Boyd's name in the complaints and 

above-styled caption as "Cecelia," the loan documents attached to the complaints were 

executed by Cecilia R. Boyd. Where there is a conflict between the allegations in the 

complaint and the exhibits attached to the same, the latter control. See Crenshaw v. 

Lister, 556 F. 3d 1283, 1292 (11th Cir. 2009). Accordingly, the inadvertent misspelling 

of Mrs. Boyd's name does not affect the validity of this Final Judgment because the 

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The First Boyd Brothers Loan (5:11-cv-00094-RS-CJK)2

PRINCIPAL: $76,585.34

INTEREST: $10,189.90

LATE CHARGES: $171.89

TOTAL: $86,947.13

The Second Boyd Brothers Loan (5:11-cv-00095-RS-GRJ)

PRINCIPAL: $393,648.96

INTEREST: $21,847.57

LATE CHARGES: $302.62

APPRAISAL FEE: $400

TOTAL: $416,199.15

The Third Boyd Brothers Loan (5:11-cv-00097-RS-CJK)

PRINCIPAL: $1,000,000.00

INTEREST: $55,500.00

LATE CHARGES: $687.50

TOTAL: $1,056,187.50

The Fourth Boyd Brothers Loan (5:11-cv-00098-RS-CJK)

 

subject promissory notes were executed by Cecilia R. Boyd who is properly before this 

Court.

2Given that this consolidated action involves five separate commercial loans, each of 

which was the subject of a separate action prior to consolidation, the original case 

numbers for each individual loan are identified for clarity.

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PRINCIPAL: $1,548,039.30

INTEREST: $85,916.12

LATE CHARGES: $1,190.05

TOTAL: $1,635,145.47

The Letter of Credit Loan (5:11-cv-00096-RS-CJK)

PRINCIPAL: $449,220.61

INTEREST: $32,463.47

LATE CHARGES: $564.26

TOTAL: $482,248.34

TOTAL AMOUNTS OWED

PRINCIPAL: $3,467,494.21

INTEREST: $205,917.06

LATE CHARGES/FEES: $3,316.32

TOTAL: $3,676,727.59

2. Plaintiff, HANCOCK BANK, 2510 14th Street, Gulfport, Mississippi 

35901, shall have a judgment in the amount of $3,676,727.59 against Defendants, 

JAMES A BOYD, SR., and NANCY G. BOYD, whose last known address is 3313 

Harbour Place, Panama City, Florida, 32405, and against Defendants, JAMES A. BOYD, 

JR. and CECILIA R. BOYD, whose last known address is 206 S. Harris Avenue, Panama 

Case 5:11-cv-00094-RS-CJK Document 95 Filed 01/05/12 Page 3 of 4
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City, Florida, 32401, jointly and severally, FOR ALL OF WHICH LET EXECUTION 

ISSUE.

3. Plaintiff, HANCOCK BANK, shall be entitled to recover post-judgment 

interest at the legal rate established by 28 U.S.C. § 1961 from the date of the judgment 

until paid.

4. Plaintiff, HANCOCK BANK, shall be entitled to recover its reasonable 

attorney's fees and costs incurred in the prosecution of this action, pursuant to the terms 

and conditions of the subject loan documents attached to the complaints. This Court 

retains jurisdiction over this matter for the purpose of determining a reasonable amount 

of attorney's fees and costs to award to Plaintiff as the prevailing party in this action.

5. This Order does not affect Defendant Boyd Brothers Inc.

ORDERED on January 5, 2012.

/S/ Richard Smoak

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE 

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