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M&R Drywall, Inc. v. MAPP Construction LLC

Court of Appeals of Louisiana, First Circuit

June 22, 2015

M&R DRYWALL, INC.
v.
MAPP CONSTRUCTION LLC, SOUTHGATE TOWERS, LLC AND R.W. DAY AND ASSOCIATES, INC. SOUTHGATE RESIDENTIAL TOWERS LLC, SOUTHGATE PENTHOUSES LLC
v.
MAPP CONSTRUCTION, INC. ET AL.

American Guarantee & Liability Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 529351 c/w 550534.

BEFORE: GUIDRY, McCLENDON AND HIGGINBOTHAM, JJ.

WRIT DENIED.

This Court declines to exercise its supervisory jurisdiction. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam), are not met.

TMH

JMG

McClendon, J., dissents and would grant the writ.

The plaintiffs' claim, as assignees of MAPP Construction, LLC and Bituminous Insurance Company, for indemnity is premature under the law. Suire v. Lafayette City-Parish Consolidated Government, 2004-1459 (La. 4/12/05), 907 So.2d 37.


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