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South Carolina
JUDICIAL DEPARTMENT
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2011-01-28-01

STATE OF SOUTH CAROLINA

COUNTY OF RICHLAND

Mercury Marine, a Division of Brunswick Corporation, Plaintiff,

v.

Bentley Industries, LLC, Duracraft Marine, LLC, Glassmaster Boats, LLC, Steven Deese, Bentley Marine Group, LLC, Larry D. Brehm, Noel Winter, Keenan W. Green, Deborah B. Green, and KEA Properties, LLC, Defendants and Third-Party Plaintiffs,

v.

Royalty Holdings 1, LLC, Royalty Holdings 2, LLC, Encore Boat Builders, LLC, and Susan Deese, Third-Party Defendants.

IN THE COURT OF COMMON PLEAS

Case No. 2009-CP-40-1369

ORDER DISMISSING CLAIMS,
RELEASING ESCROW FUNDS,
   AND CANCELLING SURETY BOND   

The matter comes before the Court on Plaintiff’s Motion to Dismiss Claims, etc., filed January 7, 2011.  In support of the motion, Plaintiff represents to the Court that Plaintiff’s claims against all Defendants have been resolved and that Plaintiff desires to dismiss its claims.  All but two of the Defendants consented to Plaintiff’s motion.

NOW, THEREFORE, on motion of Plaintiff and with the consent of Defendants Bentley Industries, LLC, Duracraft Marine, LLC, Glassmaster Boats, LLC, Bentley Marine Group, LLC, Noel Winter, Keenan W. Green, Deborah B. Green, and KEA Properties, LLC, it is ORDERED as follows:

1.         Plaintiff’s claims in this action against all Defendants and all counterclaims in this action of any Defendant against Plaintiff are dismissed with prejudice, the parties to bear their own respective costs.

2.         All funds being held in escrow by Plaintiff’s counsel pursuant to the order of the Honorable James R. Barber, III dated August 6, 2010, filed August 10, 2009, shall be paid to Plaintiff.

3.         Bond Number 105155973 filed by Plaintiff and Travelers Casualty and Surety Company of America as the surety is cancelled, and Plaintiff and the surety are discharged from any liability on such bond.

4.         This order does not affect any cross-claim or third-party claim filed in this action.

AND IT IS SO ORDERED.

  s/Clifton Newman
Clifton Newman
Circuit Court Judge

Columbia, South Carolina
January 28, 2011