171 So. 3d 1013
La. Ct. App.2015Background
- Minielier Law Office employed two associates; they resigned in March 2008.
- Client Hall-Williams terminated the firm and retained the two associates; her US District Court case was settled.
- Minielier intervened in Hall-Williams’ lawsuit seeking fees and costs; district court initially awarded costs only, later adding fees; Fifth Circuit remanded and stayed pending arbitration.
- District court ordered arbitration and stayed federal proceedings; Minielier moved to compel arbitration; district court compelled arbitration of Hall-Williams’ fees.
- LSBA arbitrations were pursued, dismissed, and reinstated twice, then finally dismissed, prompting a CDC (Orleans Parish) suit by Minielier against LSBA.
- LSBA answered with exceptions including lack of subject matter jurisdiction; trial court granted the exception; Minielier appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the CDC action falls within subject matter jurisdiction while arbitration is pending | Minielier asserts jurisdiction exists to assert arbitration-related claims. | LSBA contends jurisdiction precluded as arbitration is ongoing. | Affirmed lack of subject matter jurisdiction. |
| Whether the appeal record defect can be cured by amendment after judgment | Appellant seeks to amend to reflect July 28, 2014 hearing as judgment date. | Record inconsistencies render appeal improper until corrected. | Motion to amend record granted; jurisdictional defect cured. |
| Whether procedural questions about arbitration must be decided by the court that ordered arbitration | Arbitration scope/issues should be reviewable in CDC proceedings. | Questions regarding arbitration must be decided by the court that ordered arbitration. | Matters relating to arbitration must be determined by the ordering court. |
Key Cases Cited
- Overmier v. Traylor, 475 So.2d 1094 (La.1985) (appeal defect cured when judgment signed after premature order)
- Spencer v. Hoffman, 392 So.2d 190 (La.App. 4th Cir.1980) (arbitration stay effects and trial court jurisdiction)
- Winston v. Millaud, 930 So.2d 144 (La.App. 4th Cir.2006) (jurisdictional review of appellate issues)
- Cannizzaro ex rel. State v. American Bankers Ins. Co., 120 So.3d 853 (La.App. 4th Cir.2013) (statutory arbitration provisions and jurisdictional analysis)
- Hodges v. Reasonover, 103 So.3d 1069 (La.2012) (adequate disclosure for arbitration clause in fee contract)