Hortica-Florists' Mutual Insurance Company v. Pittman Nursery Corporation et al

Filing 258

JUDGMENT: Plaintiff Hortica's Motion for Judgment as a Matter of Law 249 is granted; JUDGMENT FOR ATTORNEY FEES: Defendant Pittman Nursery Corporation's Motion for Attorney Fees 247 is granted and denied in part; Hortica is directed to pay the amount of $30,275.00 in attorney fees covering the balance owed for cost of defense in Muniz Case; case is dismissed with prejudice; parties are instructed to bear their own fees and costs. Signed by Honorable Robert T. Dawson on January 10, 2012. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION HORTICA-FLORISTS’ MUTUAL INSURANCE CO., v. PLAINTIFF Case No. 07 - 1119 PITTMAN NURSERY CORPORATION, DEFENDANT J U D G M E N T For reasons set forth in the Memorandum Opinion filed contemporaneously herewith, Plaintiff’s Motion for Judgment as a Matter of Law (Doc. 249) is GRANTED. Defendant’s Motion for Judgment and for Attorneys’ Fees (Doc. 247) is GRANTED IN PART AND DENIED IN PART in that Plaintiff is ordered to pay the sum of $30,275 in attorneys’ fees to Defendant’s counsel to cover the balance owed for the cost of defense in the Muniz case. Defendant’s demand for judgment in accordance with the jury’s verdict in the trial of the instant case and all other demands for attorneys’ fees in the instant case or in the underlying coverage lawsuits are DENIED. The parties have thirty days from entry of this judgment on the docket in which to appeal. IT IS SO ORDERED this 10th day of January 2012. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

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