Tribuilt Construction Group, LLC v. International Fidelity Insurance Company

Filing 65

AMENDED JUDGMENT AND ORDER as set forth. Further any remaining claims against Joseph and Stacy Marrone are STAYED PENDING BANKRUPTCY. Signed by Honorable Paul K. Holmes, III on June 14, 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

AMENDED JUDGMENT AND ORDER
The Court hereby amends its Judgment and Order entered June
13, 2011 as follows:
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, 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.
Any remaining claims against separate defendants Joseph and
Stacy Marrone are STAYED PENDING BANKRUPTCY. Separate Defendants
Joseph and Stacy Marrone are directed to promptly inform the Court
once their bankruptcy proceeding has concluded.

It is so ORDERED and ADJUDGED this 14th day of June 2011.

/s/ Paul K. Holmes, III
Paul K. Holmes, III
United States District Judge