Opinion
NO. 2020 CW 1058
03-29-2021
BRET M. BARATTINI AND AD VICTORIAM ALIS AQUILAE, INC. v. NORTHLAKE CONSTRUCTION & DEVELOPMENT, LLC, KEVIN A. STABLIER, AND ABC INSURANCE CO.
In Re: Northlake Construction and Development, LLC and Kevin Stablier, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 201714846. BEFORE: THERIOT, WOLFE, AND HESTER, JJ.
WRIT GRANTED. The trial court's August 20, 2020 judgment denying the defendants', Northlake Construction & Development, LLC's (hereinafter "Northlake") and Kevin A. Stablier's, dilatory exceptions of prematurity is reversed. The joint venture agreement and amended joint venture agreement between Northlake and the plaintiff, Ad Victoriam Alis Aquilae, Inc., contain an arbitration agreement wherein the parties adopted the American Arbitration Association's ("AAA") Construction Industry Arbitration Rules. Rule R-9 of the AAA's Construction Industry Rules provides in pertinent part that "[t]he arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement." Accordingly, the trial court erred by addressing plaintiffs' objections to the subject arbitration clause's existence, scope or validity. See Fla. Gas Transmission Co., LLC v. Texas Brine Co., LLC, 2017-0304 (La App. 1st Cir. 12/6/18), 267 So.3d 633, writ denied, 2019-0333 (La. 6/26/19), 275 So.3d 876; see also Jasper Contractors, Inc. v. E-Claim.com, LLC, 2011-0978 (La. App 1st Cir. 5/4/12), 94 So.3d 123. The exception of prematurity filed by the defendants is granted and plaintiffs' claims against the defendants are dismissed without prejudice.
MRT
EW
CHH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT