PUBLIC BLDG. AUTHORITY v. ST. PAUL FIRE

1080733, 1080734, 1080735, 1080736, 1080737, 1080738 and 1081297.

80 So.3d 171 (2010)

PUBLIC BUILDING AUTHORITY OF the CITY OF HUNTSVILLE v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY. Public Building Authority of the City of Huntsville. v. Dawson Building Contractors, Inc. Dawson Building Contractors, Inc. v. Public Building Authority of the City of Huntsville. Fibrebond Corporation, Raley & Associates, Frank J. Raley, Ruffin Enterprises, Inc., Richard McKee Hall, Enhanced Technical Construction, Inc., Bibler Masonry, Inc., Nolan Maintenance Company, Inc., and American Pan & Engineering Company, Inc. v. Public Building Authority of the City of Huntsville.

Supreme Court of Alabama.

Rehearing Applications Denied September 16, 2011.


Attorney(s) appearing for the Case

Edward P. Meyerson and Donald J. Nettles of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Birmingham; and Michael I. Less of Less, Getz & Lipman, PLLC, Memphis, Tennessee, for Public Building Authority of the City of Huntsville.

David A. Dial , Nicholas P. Panayotopoulos , and Laura L. Voght of Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, Atlanta, Georgia; and Andrew P. Campbell and George A. Brockwell of Leitman, Siegel, Payne & Campbell, P.C., Birmingham, for Dawson Building Contractors, Inc.

Andrew J. Sinor, Jr. , and John S. Johnson of Hand Arendall LLC, Birmingham, and R. Scott Jenkins of Jones, Walker, Waechter, Poitevent, Carrére & Denégre, L.L.P., New Orleans, Louisiana, for Fibrebond Corporation; C. Peter Bolvig of Hall Conerly & Bolvig, Birmingham, for Frank J. Raley and Raley & Associates, Inc.; Samuel R. McCord , Birmingham, for Richard McKee Hall, Ruffin Enterprises, Inc., and Enhanced Technical Construction, Inc.; Oscar M. Price III and F. Brady Rigdon of Wallace Jordan Ratliff & Brandt, Birmingham, for Bibler Masonry, Inc., and Nolan Maintenance Company, Inc.; and Joseph A. Fawal of Fawal & Spina, Birmingham, and A. Joe Peddy of Smith, Spires & Peddy, Birmingham, for American Pan & Engineering Company, Inc.

M. Christian King , Nikaa Baugh Jordan , and Mitchell S. Ryan of Lightfoot, Franklin & White, L.L.C., Birmingham, for St. Paul Fire and Marine Insurance Company.

Samuel N. Crosby and George R. Irvine III of Stone, Granade & Crosby, P.C., Daphne, for amicus curiae The Surety & Fidelity Association of America, in support of St. Paul Fire and Marine Insurance Company.

Richard E. Smith and Oscar M. Price IV of Christian & Small, LLP, Birmingham, for amicus curiae Associated Builders and Contractors of Alabama, Inc., in support of Dawson Building Contractors, Inc.


PER CURIAM.

These consolidated appeals all arise from the same factual scenario. The Public Building Authority of the City of Huntsville ("the PBA") appeals from a summary judgment entered in favor of St. Paul Fire and Marine Insurance Company ("St. Paul") (cases no. 1080733 and no. 1080734), and it appeals by permission, pursuant to Rule 5, Ala. R.App. P., from the denial of its motion to reconsider the trial court's decision to grant Dawson Building Contractors...

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