M & R Drywall, Inc. VS Mapp Construction, LLC, Southgate Towers, LLC, and R.W. Day and Associates, Inc.
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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT M R N0 INC DRYWALL 2013 CW 0264 VERSUS MAPP CONSTRUCTION SOUTHGATE AND W R ERS TOG DAY ASSOCIATES C L C L AND INC CONSOLIDATED WITH SOCJTHGATE TOWERS RESIDENTIAL LLC PENTHOUSES SOUTHGATE LLC VERSUS MAPP CONSTRUCTION INC APR 2 4 2013 ET AL In Re American Vehicle Insurance Company applying for supervisory writs 19th Judicial District Court Parish of East Baton No Rouge w c 351 529 534 550 WHIPPLE BEFORE WRIT GRANTED J C McCLENDON AND HIGGINBOTHAM Due process requires adequate JJ notice to of the that wi11 be matters parties adjudicated Glover v Medical Center o Baton Rouge 1710 97 La i Cir 6 2d 98 23 713 So 1261 The Motion to Lift Against Subcontractor the Exterior Wall by to respect Vehicle on Electrical Residential Southgate Penthouses Insurers and the Claims System at LLC did not request a lifting claims against s Southgate Insurance We Company further and of the relator note See App Stay Relating Southgate LLC Towers the that to filed Southgate stay with American American Vehicle Insurance Company did r file an opposition to the ot nor did it in the motion participate hearing on the motion Therefore the trial court erred as a matter of law by entering a judgment lifting the stay of Southgate s claims against American Vehicle Insurance Company because American Vehicle Insurance Company was not provided with notice of the matters to be adequate adjudicated Therefore the trial court January 18 2013 judgment is s reversed hereby s Southgate to claims the extent against TAIIi VGW COURT J concurs OF APPEAL FIRST JIT CIRC 1z PUTY CLERK FOR THE OF COURT COURT lifted the erican n P Vehicle Company McClendon it stay of Insurance
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