Miguel A. Culasso, M.D. v. Doctor's Hospital of Slidell, L.L.C. d/b/a Sterling Surgical Center, DHOSTATE, L.L.C., d/b/a Concentus ( 2019 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
MICUEL A. CULASSO, M. D. NO. 2019 CW 1048
VERSUS
DOCTOR' S HOSPITAL OF
SLIDELL, LLC D/ B/ A STERLING
SURGICAL HOSPITAL, DHOSTATE, DEC Q 9 19
LLC D/ B/ A CONCENTUS ET AL.
In Re: Miguel A. Culasso, M. D., applying for supervisory
writs, 22nd Judicial District Court, Parish of St.
Tammany, No. 2018- 12903.
BEFORE: GUIDRY, McDONALD, HIGGINBOTHAM, CRAIN, AND LANIER, JJ.
WRIT GRANTED. The transcript of the December 4, 2018
hearing on the defendants' " Dilatory Exception of Prematurity
or, Alternatively, Motion to Stay Litigation and Compel
Arbitration" reveals that no evidence was introduced or admitted
during the hearing, including the subject arbitration
agreements. The party seeking to enforce an arbitration
agreement carries the burden of proving the existence of a valid
arbitration agreement. FIA Card Servs., N. A. v. Weaver, 2010-
1372 ( La. 3/ 15/ 11), 62 So. 3d 709, 719. Accordingly, the portion
of the trial court' s December 4, 2018 judgment granting the
defendants' motion to stay litigation and compel arbitration is
reversed.
JMG
JMM
TMH
WIL
Crain, J., dissents. I would vacate the trial court' s
December 4, 2018 judgment and remand for re -trial and the
introduction of evidence as to the existence of an arbitration
agreement. See Giacona v. Conti Commodity Services, Inc., 413
So. 2d 487 ( La. 1982).
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT