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Citrus Tower Boulevard Imagining Center, LLC v. Key Equipment Finance, Inc., BK 11-70284, AP 14-5105, Doc. #41

The Court denied Plaintiff’s motion for reconsideration as to its prior order regarding Plaintiff’s objection to claim count.  Plaintiff initiated a multi-count suit against Defendant, and Defendant prevailed on a motion to dismiss for failure to state a claim with the exception of the objection to claim count.  The prior order dismissed the other counts and provided that Defendant should amend its claim to resolve the agreed upon payment issue.  Defendant amended its claim.  However, Plaintiff still disputes Defendant’s amended claim as to characterization, amount, and applicable interest, if any.  The Court provided that Plaintiff was not precluded from raising additional bases to object to Defendant’s proof of claim but such action should occur in the main case since the underlying basis for the objection to claim was dismissed by the prior order.  An appeal has been docketed.

Date: 
11/19/2014