Opinion
NO. 2014 CW 1718
02-23-2015
PRA SE CONSTRUCTION, L.P. v. CARLETON CONSTRUCTION, LTD, TEKRETE, INC., HULL ASSOCIATES-NORTH, L.P., BERNARD CONSTRUCTION CO., INC., ENTERPRISE CONCRETE CONSTRUCTION, L.P., BECKNER PAINTING ASSOCIATES, INC., SOUTHERN STATES PLUMBING, INC., AARC/DALLAS, L.L.C., HOWARD ROSENBERG, PAULA LABORDE, AND SHANE BERNARD
In Re: R.J.O. Construction, LLC and Rubin Rios, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2014-10616. BEFORE: PETTIGREW, DRAKE AND CHUTZ, JJ. WRIT DENIED. The trial court did not abuse its discretion by staying the non-arbitrable third party demands against applicants R.J.O. Construction, LLC and Rubin Rios because the demands were made contingent upon a finding of liability against the defendant/third party plaintiff Hull Associates-North, L.P. in the principal demand that has been submitted to arbitration. See Lakeland Anesthesia, Inc. v. United Healthcare of Louisiana, Inc., 2003-1662 (La. App. 4th Cir. 3/17/04), 871 So.2d 380, writ denied, 2004-0969, 2004-0972 (La. 6/25/04), 876 So.2d 834; Southgate Residential Towers, LLC v. MAPP Construction, Inc., 2007-0859 (La. App. 1st Cir. 12/21/07), 2007 WL 4465777 (unpublished).
WRC
JTP
EGD
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT