Free Clerk's Judgment - District Court of Colorado - Colorado

Case 1:03-cv-02504-REB-CBS

Document 198

Filed 10/19/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02504-REB-CBS

PETER HORNICK, an individual, Plaintiff, v. GARY BOYCE and JOANNE BOYCE, individuals. Defendants. _______________________________________________________________________ AMENDED JUDGMENT _______________________________________________________________________ This matter was tried to the court on the plaintiff's claims on August 7, 2006, and August 8, 2006, before the Honorable Robert E. Blackburn. The trial proceeded to conclusion, and the Court entered it's findings of fact, conclusions of law, and orders on August 30, 2006, which findings, conclusions, and orders were amended on January 2, 2007, which findings, conclusions, and orders are incorporated herein by reference. This amended judgment is entered to supplant and supersede the judgment [#111] entered September 6, 2006. IT IS ORDERED as follows: 1. That the Court's Amended Findings of Fact, Conclusions of Law, and Orders [#137], filed January 2, 2007, supplants and supersedes the Findings of Fact, Conclusions of Law, and Orders [#110] entered on August 30, 2006.

Case 1:03-cv-02504-REB-CBS

Document 198

Filed 10/19/2007

Page 2 of 3

Judgment Civil Action No. 03-cv-02504-REB-CBS Page 3 2. That on the plaintiff's claim for breach of contract, judgment shall enter under FED.R.Civ.P. 58 for general damages in the amount of $1,500,000 in favor of the plaintiff, Peter Hornick, and against the defendants, Gary Boyce and Joanne Boyce, jointly and severally; 3. That on the defendants' counterclaim for recision, judgment shall enter under FED.R.Civ.P. 58 in favor of the plaintiff, Peter Hornick, and against the defendants, Gary Boyce and Joanne Boyce, jointly and severally; 4. That the plaintiff is awarded prejudgment interest in the amount of eight percent per annum compounded annually on his damages of $1,500,000 from the date of the breach of contract on December 11, 2001, until the date of judgment; 5. That the plaintiff is awarded post-judgment interest, in the amount of 5.07 %, under 28 U.S.C. § 1961 from the date of the entry of judgment until it is satisfied; 6 That the plaintiff is awarded his costs to be requested and taxed pursuant to Fed.R.Civ.P. 54(d)(1) and D.C.COLO.LCivR 54.1; and 7. That this amended judgment supplants and supersedes the judgment [#111] entered September 6, 2006.

Case 1:03-cv-02504-REB-CBS

Document 198

Filed 10/19/2007

Page 3 of 3

Judgment Civil Action No. 03-cv-02504-REB-CBS Page 3

DATED at Denver, Colorado, this 19th day of October, 2007. FOR THE COURT: Gregory C. Langham, By: s/ Edward Butler Edward Butler, Deputy Clerk

APPROVED: s/ Robert E. Blackburn Robert E. Blackburn, Judge United States District Court