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IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT
STATE OF W'Y'OMING, COUNTY OF LARAMIE
11111 Investment Corporation, a
Colorado Corporation, d/b/a/
first lAinancial, Inc.,
Plaintiff,
V.
M &M Auto Outlet, a Wyoming
Corporation,
Defendant.
FIL ED
JUN 10 2009 GFEI OF it7ig. pj~S,P
ORDER GRANTING PLAINTIFF'S MOTION couRr
FOR SUMMARY JUDGMENT
rhi-IIS MATTER having come before the Court pursuant to the Motion for
Summary Judgment filed by Plaintiff Hill Investment Corporation, d/b/a/ First
I' i nancial, Inc. ("FFI"), and the Court having received written briefs submitted by the
parties and heard oral argument of counsel, Richard D. Bush appearing for Plaintiff
and Stephen R. Winship appearing for Defendant, and being fully advised in the
premises, hereby rinds that said Motion should be granted.
NOW, TIIEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND
DECREED that there is no genuine issue as to any material fact and that FFI, as the
moving party, is entitled to a judgment against Defendant as a matter of law as
follows:
1. That there is a binding and unambiguous contract dated July 22, 2003
("Contract"), between FFI and Defendant;
2. That the Defendant, through its failure to timely pay the amounts due
under the unambiguous terms of the parties' Contract, breached said Contract;
3. , That Defendant's breach of the parties' Contract resulted in damages to
RECEIVED 7/20/2009 at 11:53 AM
RECEIVING # 948392
BOOK: 727 PAGE: 744
JEANNE WAGNER
LINCOLN COUNTY CLERK, I RER, WY
O,.`d' 44
Docket No. 171-448
V
Plaintiff;
4. That the amount of damages incurred by FFI , as set forth in Exhibit
2(a) to Don Shaw's Affidavit submitted in support of FFI's Motion for Summary
Judgment, as a result of Defendant's breach of the parties' Contract is readily
ascertainable (i.e. readily computable by a simple mathematical computation) and
constitutes a liquidated sum;
5. That the total liquidated amount due FFI in principal and pre judgment
interest at the statutory rate of seven percent (7%) per annum is $235,827.21
($186,766.50 total buyback amount plus $49,060.71pre judgment interest as of
January 7, 2009, as set forth in the above mentioned Exhibit 2(a)); plus $3,187.82,
which represents the additional amount of pre judgment interest on the above noted
liquidated amount from January 7, 2009, through the date of submission of this Order
to the Court on April 6, 2009;
6. IT IS THEREFORE HEREBY ORDERED, ADJUDGED AND
DECREED that FF.I recover from Defendant a total judgment in the amount of
$239,015.03 ($235,827.21 plus $3,187.82); plus post judgment interest thereon at the
rate of ten percent (10%) per annum from the date of entry of this judgment.
IT IS FURTHER ORDERED that FFI is allowed such writs and processes as
may be necessary in the enforcement and collection of this Judgment.
DATED this 1 clay of 52009.
STATEOF WYOMING COUNTY OF I.ARAMIE, SS CHEYENNE
I Gerria E. Bishop, Clerk of the District Court in and for the
Courtly of laretnis Wyoming, do hereby certify th,: vrt , n end
foregoing s a lull true and coned copy of the on na thereof as
the sarrre appears on file or of record in m offi that the
some is in full force and effect as of Ut'
Witness; my had and seal of said colrt t GER
RIE E. Clerk of D' R'X
BY
BY THE COURT:
DISTRICT COURT JUDGE
STATE OF WYOMING COUNTY OF LARAMIE, SS CHEYENNL•
I Gerria E. Bishop, Clark of the Mi?ct Court in and for the
County of Laramie, Wyoming, do heeby cartity tl et Iwllhin end
forego ng is a full mm end correct copy at he o he Iff ae
2 the same appears on file or of record In m eMoe and Ihnt the
same La in full face and eMeot es of t elctu r.,l
Witness my fwd a,d creel of said poul tt ~rtley L
GERME E. allamP
Clark,
rDepq
APPROVED AS TO FORM:
0
Stcpher► R. Winship
,47'TORNIs')'FOR DI;FF.ND,4NT
ORDER PREPARED BY:
David Evans, 115-1660
John A. Coppede,115-2455
Richard D. Bush, 0-2647
HICKEY & EVANS, LL P
11300 Carey Avenue, Ste. 700
Cheyenne, WY 52003-467
(307) 634-1525
(307) 638-7335 (fax)
/I 7TORNT)'S FOR PL,IIMIFF