Meritage Homes of Nevada, Inc. v. FNBN-Rescon I, LLC

ORDER

RICHARD F. BOULWARE, II, District Judge.

I. INTRODUCTION

Before this Court are FNBN-RESCON I, LLC and Stearns Bank N.A.’s (“Defendants”) Motion to Dismiss, ECF No. 18, and Meritage Homes of Nevada’s (“Plaintiff’) Motion for Summary Judgment, ECF No. 22. For the reasons described below, Defendants’ Motion to Dismiss is granted, and Plaintiffs Motion for Summary Judgment is consequently denied as moot.

II. FACTUAL HISTORY

The Court finds that the following facts are undisputed.

A. The Initial Agreement Between Meritage, Inca And First National Bank

In January 2005, Meritage Homes of Nevada…