Pepper/Holt Joint Venture v. Roderick Group, Inc. (In re Hodevco, Inc.)

MEMORANDUM DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGEMENT

GEORGE C. PAINE, II, Chief Judge.

I. INTRODUCTION

Pepper/Holt Joint Venture, the plaintiff, has initiated this adversary proceeding against Roderick Group, Inc. and its wholly owned subsidiary, Hodevco, Inc., the debtor, to resolve a dispute regarding each party’s interest in a certain promissory note that is the debtor’s sole asset. Before the court is the plaintiffs motion for summary judgement. For the reasons stated in this memorandum, the court finds that the motion should be denied.

The following constitute findings of fact and…