96 So. 3d 638
La. Ct. App.2012Background
- Milburn appeals the trial court's grant of exceptions of prematurity and no cause of action filed by Emanuele.
- Milburn alleged a contract with Emanuele as contractor for renovations by SDRC, with payments made but work not performed properly.
- Milburn claimed Emanuele did not remedy contract work issues after notification.
- Emanuele asserted prematurity and no right of action defenses; later argued the contract was between Milburn and SDRC.
- The trial court granted prematurity, denied no right of action, and granted no cause of action; appeal followed.
- On review, the appellate court vacated prematurity, reversed no cause of action, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity and enforceability of mediation clause | Milburn contends mediation clause is valid. | Emanuele maintains mediation clause is valid and enforceable. | Contract evidence not admitted; prematurity vacated. |
| Whether Milburn states a no-cause-of-action claim for breach by Emanuele | Milburn's petition alleges contract with Emanuele personally. | Contract was with SDRC; Milburn lacks remedy against Emanuele. | No cause of action improperly granted; reversed. |
| Whether Emanuele is a proper party | Emanuele may be the proper party given contract terms. | Parties contest whether Emanuele is properly joined. | Remand for proper determination; issue not finally resolved. |
Key Cases Cited
- In re: Helm, 84 So.3d 601 (La.App. 4 Cir. 2011) (evidence must be properly offered to be considered)
- Denoux v. Vessel Mgmt. Servs., Inc., 983 So.2d 84 (La.5/21/08) (officially offered evidence required)
- Porter v. Louisiana Citizens Property Ins. Corp., 72 So.3d 946 (La.App. 4 Cir. 2011) (vacate when evidence not properly presented)
- 831 Bartholomew Investments-A, L.L.C. v. Margulis, 20 So.3d 532 (La.App. 4 Cir. 2009) (de novo review of no-cause-of-action exceptions)
- Everything on Wheels Subaru, Inc. v. Subaru South, Inc., 616 So.2d 1234 (La.1993) (four corners rule for no-cause-of-action)
- Jefferson Door Co. v. Cragmar Const, L.L.C., 81 So.3d 1001 (La.App. 4 Cir. 2012) (manifest error standard for dilatory exceptions)