Nationwide Property and Casualty Company v. Lacayo et al

Filing 49

JUDGMENT, in accordance with the memorandum opinion, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) it is DECLARED that plf Nationwide Property and Casualty Company owes coverage to def Leo Lacayo for liability that results from th e attack by def Lacayo's pet dog on def M.F. in April 2007 to the extent that def M.F. suffered property damage up to $1,000.00; (2) it is DECLARED that plf Nationwide Property and Casualty Company does not owe coverage to def Lacayo for sa id incident in any other respect; further ORDERING that costs are taxed against plf Nationwide Property and Casulaty Company, for which execution may issue; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Myron H. Thompson on 11/3/08. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

NATIONWIDE PROPERTY AND CASUALTY COMPANY, Plaintiff, v. LEO LACAYO and M.F., a minor, by and through her parent and next friend, Vicki Flowers, Defendants.

) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:07cv809-MHT (WO)

JUDGMENT In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) It is DECLARED that plaintiff Nationwide

Property and Casualty Company owes coverage to defendant Leo Lacayo for liability that results from the attack by defendant Lacayo's pet dog on defendant M.F. in April 2007 to the extent that

defendant M.F. suffered property damage up to $ 1,000.00. (2) It is DECLARED and that plaintiff Company Nationwide not owe

Property

Casualty

does

coverage to defendant Lacayo for said incident in any other respect. It is further ORDERED that costs are taxed against plaintiff Nationwide Property and Casualty Company, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. DONE, this the 3rd day of November, 2008. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE