Louisiana Stucco and Masonry, L.L.C. VS MBD Construction Company, Inc. and Arch Insurance Company
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NUMBER 2009 CA 2201 LOUISIANA STUCCO MASONRY LLC VERSUS 9 0 MBD CONSTRUCTION COMPANY INC AND ARCH INSURANCE COMPANY Judgment Rendered May 7 2010 Appealed from the Nineteenth Judicial District Court In and for the Parish of East Baton Rouge Louisiana Trial Court Number 555 163 Honorable William A Morvant Judge Craig L Kaster Zachary LA Counsel for PlaintiffAppellee Louisiana Stucco Masonry LLC et al John S McLindon Baton Rouge LA Counsel for Defendants Appellees MBD Construction Co Inc and Arch Insurance Co Donnie L Floyd Baton Rouge LA Counsel for Defendants Appellants Perkins Rowe Associates LLC BEFORE WHIPPLE HUGHES AND WELCH JJ HUGHES J This is an appeal from an amended district court judgment signed August 20 2009 confirming an arbitration award in favor of appellee MBD Construction Company Inc and against appellants Perkins Rowe Associates LLC Perkins Rowe On appeal Perkins Rowe contends that the arbitrator exceeded his authority under the parties arbitration agreement that the multiple arbitration awards and district court judgments confirming those awards constituted impermissible piecemeal adjudication and that the petition seeking confirmation of the arbitration award was improperly filed and s should have been filed in a separate suit As previously determined by this appellate panel in Louisiana Stucco Masonry LLC v MBD Construction Company Inc 2009 1365 La App 1 Cir 2 unpublished 2010 WL 502998 Perkins Rowe 10 12 s assignments of error are without merit All arguments herein propounded were previously made by Perkins Rowe in a related lawsuit Keystone Structural Concrete LLC v Perkins Rowe Associates LLC 20091102 La App 1 Cir 12 unpublished 2009 WL 4981532 and found to 09 23 be without merit We find the reasoning applied by this court in Keystone equally applicable in the instant appeal Accordingly we find no merit in this appeal We note that other arbitration awards were confirmed in this judgment as to other parties not involved in this appeal which are not discussed herein Additionally we note that this matter was previously before this court on appeal from an earlier judgment of the district court signed October 6 2008 and was dismissed by a June 22 2009 order of this court as the district court judgment was not designated as final in accordance with LSAC art 1915 P C B Louisiana Stucco See Masonry LLC v MBD Construction Company Inc 2009 0665 La App I Cir 6 unpublished Thereafter in the district court the October 6 2008 09 22 judgment was amended by the August 20 2009 judgment appealed herein and was designated final by the district court 2 CONCLUSION For the reasons stated herein the district court judgment is affirmed All costs are assessed to Perkins Rowe Associates LLC AFFIRMED 3
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