Tribuilt Construction Group, LLC v. International Fidelity Insurance Company

Filing 63

JUDGMENT AND ORDER as set forth. Signed by Honorable Paul K. Holmes, III on June 13, 2011. (lw)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION TRIBUILT CONSTRUCTION GROUP, LLC V. PLAINTIFF No. 2:10-CV-02052 INTERNATIONAL FIDELITY INSURANCE COMPANY ALAN M. HARRISON, GAYE P. HARRISON, JOSEPH E. MARRONE, STACY M. MARRONE, and SOUTHLAND ENTERPRISES, LLC DEFENDANT THIRD-PARTY DEFENDANTS JUDGMENT AND ORDER For the reasons reflected in the Court’s Opinion entered this same date, the Court VACATES its Order dated April 1, 2011 (Doc. 58) dismissing IFIC’s claims with prejudice and REOPENS the instant matter. International Fidelity Insurance Company’s (“IFIC”) Motion to Set Aside Order of Dismissal and to Enforce Settlement Agreement (Doc. 59) is DENIED, however, to the extent that it requests enforcement of the settlement agreement. IT IS FURTHER ORDERED that upon vacating its previous Order (Doc. 58) and reopening the instant matter, the Court finds that IFIC’s Motion for Summary Judgment on the Counterclaim and ThirdParty Complaint (Doc. 46) should be, and hereby is GRANTED. Accordingly, it is HEREBY ADJUDGED that International Fidelity Insurance Company (“IFIC”) shall have and recover from Tribuilt Construction Group, LLC, Alan M. Harrison, Gaye P. Harrison. Joseph E. Marrone, Stacy M. Marrone, and Southland Enterprises, LLC, jointly and severally, judgment in the amount of $492,828.57, with all parties to bear their own costs and fees. This judgment amount shall bear interest at the prevailing legal rate of 0.18% per annum from the date of entry of this order until paid. See 28 U.S.C. § 1961. It is so ORDERED and ADJUDGED this 13th day of June 2011. /s/ Paul K. Holmes, III Paul K. Holmes, III United States District Judge

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