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Woodrow Wilson Construction v. MMR-Radon Constructors, Inc.

Supreme Court of Louisiana
Nov 30, 1993
629 So. 2d 421 (La. 1993)

Opinion

No. 93-CC-2913.

November 30, 1993.

In re Wilson, Woodrow Const. Co. Inc.; Woodrow Wilson Construction Co.; — Plaintiff(s); applying for supervisory and/or remedial writs; Parish of East Baton Rouge, 19th Judicial District Court, Div. "A", No. 390,056; to the Court of Appeal, First Circuit, No. CW93-2080.


Granted. The case is remanded to the court of appeal for consideration on the merits of the ruling that the matter is subject to arbitration. Said consideration to be expeditious. Applicants may seek stay from court of appeal.

LEMMON, J., concurs. The ruling of the trial court was, in effect, a denial of a request to enjoin the arbitration. Although styled as an action for declaratory judgment and stay of arbitration, this was not an ordinary proceeding with the normal delays, but was a summary proceeding denying injunction based on a finding of arbitrability. There is usually no suspensive appeal from the denial of an injunction, but relator is entitled to expeditious appellate supervisory review of the merits of the ruling.

DENNIS and WATSON, JJ., would deny the writ.

HALL, J., not on panel.


Summaries of

Woodrow Wilson Construction v. MMR-Radon Constructors, Inc.

Supreme Court of Louisiana
Nov 30, 1993
629 So. 2d 421 (La. 1993)
Case details for

Woodrow Wilson Construction v. MMR-Radon Constructors, Inc.

Case Details

Full title:WOODROW WILSON CONSTRUCTION v. MMR-RADON CONSTRUCTORS, INC

Court:Supreme Court of Louisiana

Date published: Nov 30, 1993

Citations

629 So. 2d 421 (La. 1993)