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)

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