June 22, 2015
M&R DRYWALL, INC.
MAPP CONSTRUCTION LLC, SOUTHGATE TOWERS, LLC AND R.W. DAY AND ASSOCIATES, INC. SOUTHGATE RESIDENTIAL TOWERS LLC, SOUTHGATE PENTHOUSES LLC
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.
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.
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.