Opinion
NO. 2014 CW 1099
10-23-2014
DR. EDWARD FACUNDUS v. BATON ROUGE GENERAL MEDICAL CENTER
In Re: Baton Rouge General Medical Center, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 629768.
BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT DENIED. This court declines to exercise its supervisory jurisdiction. The criteria set forth in Herlitz Construction Co. Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met and the relator has an adequate remedy by review on appeal.
VGW
TMH
McClendon, J., dissents, would grant the writ and would reverse and vacate the district court's July 21, 2014 ruling finding the arbitration clause was adhesionary and denying the defendant's motion to stay proceedings and compel arbitration. See Aguillard v. Auction Management Corp., 2004-2804 (La. 6/29/05), 908 So.2d 1. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT