In Summary, Shad Khan Loses Foreclosure Bid for Barnett

[icarus]

If the shipyards project moves ahead, it can be easily said that money otherwise available for Barnett or the Trio will instead be used towards the shipyards.

In that version of reality, is anyone but Khan in a position to develop Barnett without incentive money?

[duvalbill]

Nothing in that order is favorable or unfavorable to either party.

That's some excellent crack you're smoking, then.

He's correct, and likely more versed in reading court orders.

[RattlerGator]

People read a basic response to a procedural motion, the sort filed in most every civil action, and lose their damn minds (because they desire a certain result) when the judge provides an order explaining why the case is going forward. All the judge did was verify that there are legitimate issues for the judge, as the trier of fact, to resolve. Having a legitimate issue doesn't mean you will win or are likely to win. It means, "Okay, you haven't lost at this stage but now you may have to go prove you shouldn't lose." For Shad, as the complaining party, it means your right to foreclosure isn't so cut and dried that the defendant doesn't even get a chance to prove foreclosure shouldn't happen so now you must prove, in detail, why you should win.

The initial heavier burden is on Shad, and the burdens may shift a bit during the course of this lawsuit / trial, but the greater risk is on the other side.

If you're keeping score, and some people clearly are, it's zero-zero right now. That's why now is the time for the real lawyering to occur.

As a fan of Shad Khan, however, I do fear the KYN people -- who clearly screwed him previously -- may have also irreversibly screwed him here. We shall see.

[duvalbill]

Or we practice law, and deal with this on a daily basis.

[Non-RedNeck Westsider]

Or we practice law, and deal with this on a daily basis.

ah.. I'm going to go with lightly disingenuous then.

Do you strenuously object?

[whyisjohngalt]

This reads like a Lifetime movie.

[thelakelander]

Rogers Towers seeking to withdraw from Barnett Bank foreclosure case

By David Chapman, Staff Writer

The local group pursuing redevelopment of the Laura Street Trio and Barnett Bank building might lose its legal representation in a foreclosure lawsuit.
Rogers Towers has defended Steve Atkins' Barnett Tower entity since Stache Investments — a group led by Jacksonville Jaguars owner Shad Khan — filed suit last year claiming it's owed almost $4 million for loans made to assist the Downtown project.

On Thursday, Rogers Towers filed a motion to withdraw as counsel for Barnett Tower.

The motion said Barnett Tower has "failed to substantially fulfill an obligation to the undersigned counsel" and has been given reasonable warning on the matter.

A hearing has been scheduled for 10 a.m. Feb. 29 on the issue.

Atkins, principal of the SouthEast Group, would only say Friday that Rogers Towers was still representing him.

Full article: http://www.jaxdailyrecord.com/showstory.php?Story_id=547053

[spuwho]

Rogers Towers seeking to withdraw from Barnett Bank foreclosure case

By David Chapman, Staff Writer

The local group pursuing redevelopment of the Laura Street Trio and Barnett Bank building might lose its legal representation in a foreclosure lawsuit.
Rogers Towers has defended Steve Atkins' Barnett Tower entity since Stache Investments — a group led by Jacksonville Jaguars owner Shad Khan — filed suit last year claiming it's owed almost $4 million for loans made to assist the Downtown project.

On Thursday, Rogers Towers filed a motion to withdraw as counsel for Barnett Tower.

The motion said Barnett Tower has "failed to substantially fulfill an obligation to the undersigned counsel" and has been given reasonable warning on the matter.

A hearing has been scheduled for 10 a.m. Feb. 29 on the issue.

Atkins, principal of the SouthEast Group, would only say Friday that Rogers Towers was still representing him.

Full article: http://www.jaxdailyrecord.com/showstory.php?Story_id=547053

Which typically means they havent paid their legal bill for a long, long time.

[Non-RedNeck Westsider]

Altered the quote a bit to keep things in context:

Moral of the order: real estate deals attorney contracts can be complex and whether you actually owe payments, and when such payments are due, can be unclear and complicated, also.

[FlaBoy]

Rogers Towers seeking to withdraw from Barnett Bank foreclosure case

By David Chapman, Staff Writer

The local group pursuing redevelopment of the Laura Street Trio and Barnett Bank building might lose its legal representation in a foreclosure lawsuit.
Rogers Towers has defended Steve Atkins' Barnett Tower entity since Stache Investments — a group led by Jacksonville Jaguars owner Shad Khan — filed suit last year claiming it's owed almost $4 million for loans made to assist the Downtown project.

On Thursday, Rogers Towers filed a motion to withdraw as counsel for Barnett Tower.

The motion said Barnett Tower has "failed to substantially fulfill an obligation to the undersigned counsel" and has been given reasonable warning on the matter.

A hearing has been scheduled for 10 a.m. Feb. 29 on the issue.

Atkins, principal of the SouthEast Group, would only say Friday that Rogers Towers was still representing him.

Full article: http://www.jaxdailyrecord.com/showstory.php?Story_id=547053

Which typically means they havent paid their legal bill for a long, long time.

Rogers Towers is a mess right now anyway.

[whyisjohngalt]

Ouch.

[PeeJayEss]

What do they need representation for anyway, didn't Shad Khan Lose Foreclosure Bid?

[duvalbill]

What do they need representation for anyway, didn't Shad Khan Lose Foreclosure Bid?

No, the Court just didn't grant his Motion for Summary Judgment.

This matter is currently set for Trial on 4/26.

[Non-RedNeck Westsider]

What do they need representation for anyway, didn't Shad Khan Lose Foreclosure Bid?

No, the Court just didn't grant his Motion for Summary Judgment.

This matter is currently set for Trial on 4/26.

In summary of PJE's comments, methinks he's poking a bit of fun at the OPs original title and statements.

[FlaBoy]

If the court trial happens.  Which is not likely given the way that the system operates.  In normal circumstances, the Court will extend the time in order for a new legal team to prepare a defense.

Or, since the Mayor's sudden decision to kill all downtown funding (immediately after a well publicized, huge donation from Shad Khan to his organization, it might be that the deal is no longer tenable and all sides will negotiate the fate of the single building.

Under that scenario, its also possible that Atkins himself needs more time to secure the financing delayed by the Mayor's total icing of non Shad Khan related money giveaways downtown.  Having the defense team withdraw would certainly trigger a delay in order for a new legal team to ostensibly prepare a case and extend the time permissible for deals to happen in the meantime.

Or it might be possible that the deal is simply not tenable within the next 24 months as a result of the politics. Again.

If that is the case, then there is a respectable chance that the building will be demolished within 10 years.

There is a 0 percent chance that counsel is attempting to remove itself from this case so Atkins can have more time. There will be a short delay, sure, but the Judge will make a decision on how long they need to get up to speed.