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McDonnell v. Architectural Solutions, LLC

Court of Appeals of Louisiana, Third Circuit

November 5, 2014

MARK MCDONNELL, ET AL.
v.
ARCHITECTURAL SOLUTIONS, LLC, ET AL

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. C-20104206, DIVISION A. HONORABLE JOHN D. TRAHAN, DISTRICT JUDGE.

J. Scott Loeb, Jennifer C. Poirier, Loeb Law Firm, Mandeville, LA, COUNSEL FOR DEFENDANT-APPELLEE: Detail Design-Build, LLC.

William L. Melancon, Melancon & Associates, LLC, Lafayette, LA, COUNSEL FOR PLAINTIFFS-APPELLANTS: Mark McDonnell and Marie McDonnell.

John P. Wolff, III, Mary Anne Wolf, Virginia J. McLin, Keogh, Cox & Wilson, Ltd., Baton Rouge, LA, COUNSEL FOR DEFENDANT: Architectural Solutions, LLC.

Court composed of J. David Painter, James T. Genovese, and Phyllis M. Keaty, Judges.

OPINION

Page 573

[14-432 La.App. 3 Cir. 1] PAINTER, Judge.

Mark McDonnell and Marie McDonnell (Plaintiffs), appeal the trial court's granting of an exception of prematurity filed by Defendant, Detail Design-Build, LLC

Page 574

(DDB), and dismissing their claims. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

Plaintiffs entered into two separate contracts for the construction of their new home. One contract was with Defendant, Architectural Solutions, LLC (Architectural Solutions), and was signed on September 20, 2006. No arbitration clause is contained in the contract with Architectural Solutions. The other contract was with DDB and was signed on November 26, 2007. It is not disputed that the contract with DDB contains an arbitration clause.

Plaintiffs allegedly had numerous problems after moving into their home. They filed suit against Architectural Solutions and DDB. DDB filed an exception of prematurity on the basis of the arbitration clause in their contract. A hearing on the exception of prematurity was held on October 28, 2013. Judgment granting the exception of prematurity and dismissing Plaintiffs' claims against DDB was signed on November 25, 2013. This devolutive appeal followed. Plaintiffs allege that the trial court erred in granting the exception because the arbitration clause should have been unenforceable because they did not agree to have to submit their disputes in separate forums and because DDB waived its right to demand arbitration. Plaintiffs also argue that the trial court erred in dismissing ...


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