HOOVER v. BANK OF AMERICA CORPORATION, (M.D.Fla. 2003)

STEVEN MERRYDAY, District Judge

On August 21, 2003, United States Magistrate Judge Thomas B. McCoun issued a report and recommendation (Doc. 74) on the parties' cross-motions for summary judgment (Docs. 52, 53). The defendant objects to the report and recommendation (Doc. 76). Upon consideration, the objections to the report and recommendation are overruled, and the report and recommendation is ADOPTED. Accordingly, the defendant's motion for summary judgment (Doc. 52) is GRANTED with respect to the plaintiff's fourth claim for relief as defined in the report and recommendation. The plaintiff's motion for summary judgment (Doc. 53) is GRANTED with respect to the plaintiffs first, second, and third claims for relief as defined in the report and recommendation. This matter is remanded for further administrative proceedings consistent with the report and recommendation. The Clerk is directed to (1) terminate any pending motions and (2) close the file.

ORDERED in Tampa, Florida.