Hansford v. Cappaert Manufactured Housing

911 So. 2d 901, 2005 WL 2292158
CourtLouisiana Court of Appeal
DecidedSeptember 21, 2005
Docket40,160-CA
StatusPublished
Cited by6 cases

This text of 911 So. 2d 901 (Hansford v. Cappaert Manufactured Housing) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hansford v. Cappaert Manufactured Housing, 911 So. 2d 901, 2005 WL 2292158 (La. Ct. App. 2005).

Opinion

911 So.2d 901 (2005)

Charles V. HANSFORD, and Jada Hansford, Plaintiffs-Appellants
v.
CAPPAERT MANUFACTURED HOUSING and C & W Homes, Inc., Defendants-Appellees.

No. 40,160-CA.

Court of Appeal of Louisiana, Second Circuit.

September 21, 2005.
Rehearing Denied October 20, 2005.

*902 Culpepper & Carroll, by Bobby L. Culpepper, Jonesboro, for Appellants.

*903 Daigle, Crawford & Jamison, by Walter K. Jamison, III, Marjorie B. Breaux, for Appellees.

Before WILLIAMS, STEWART and LOLLEY, JJ.

STEWART, J.

Charles and Jada Hansford appeal from a judgment confirming an arbitration award against them in their dispute with the manufacturer and seller of their mobile home, Cappaert Manufactured Housing ("Cappaert") and C & W Homes, Inc. ("C & W"), respectively. Finding the arbitration agreement binding as to the dispute between the Hansfords and Cappaert, but not binding as to the Hansfords' dispute with C & W, a party not included in the terms of the arbitration agreement, we affirm in part, reverse in part, and remand for further proceedings.

FACTS

On October 21, 2001, the Hansfords purchased from C & W a mobile home manufactured by Cappaert. At the time of the purchase, Mr. Hansford signed a document with the heading "BINDING ARBITRATION AGREEMENT" requiring arbitration of the following:

All disputes . . . resulting from or arising out of the design, manufacture, warranty, or repair of the manufactured home, (including but not limited to the terms of the warranty, the terms of this arbitration agreement, and all clauses herein contained, their breadth and scope, and any term of any agreement contemporaneously entered into by the parties concerning any goods or services manufactured or provided by Cappaert Manufactured Housing, Inc.; the condition of the manufactured home; the conformity of the manufactured home to federal building standards; the representations, promises, undertakings, warranties or covenants made by Cappaert Manufactured Housing, Inc., (if any); or otherwise dealing with the manufactured home). . . .

The agreement was not dated, and neither Jada Hansford nor a representative of either Cappaert or C & W signed the agreement. The agreement specifically refers to only Cappaert, not C & W, and it invokes the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA").

On July 3, 2002, the Hansfords filed suit against Cappaert and C & W alleging various defects in construction. Both defendants filed exceptions of prematurity which the trial court granted. Rather than dismiss the Hansfords' petition, the trial court stayed the proceedings pending arbitration. On November 24, 2003, the arbitrator issued an award absolving Cappaert of any liability and awarding the Hansfords $115.00 against C & W.

On January 16, 2004, Cappaert filed a motion to have the arbitration award confirmed, and on January 21, 2004, the trial court signed ex parte an order confirming the award. On an appeal by the Hansfords, this court reversed the trial court's judgment confirming the arbitration award in an unpublished opinion. Hansford v. Cappaert Manufactured Housing, et al., 39,068 (La.App. 2d Cir.10/27/04), 886 So.2d 701. Citing La. R.S. 9:4209, we ruled that the trial court erred in failing to hold a contested hearing prior to confirmation of the award, and we remanded the case for a hearing on the motion to confirm.

After remand, C & W filed a motion on November 15, 2004, to confirm the arbitration award. The matter was set for a hearing on January 19, 2005. The district court clerk sent notice of the hearing to the Hansfords' attorney, who was personally served on November 18, 2004. Cappaert filed a second motion on November *904 29, 2004, to confirm the arbitration award. In conjunction with Cappaert's motion, a second notice of the hearing set for January 19, 2005, was served on the Hansfords' attorney on December 2, 2004. The Hansfords did not file any opposition to the motions to confirm the arbitration award.

The minutes from the hearing on January 19, 2005, reflect the presence of counsel for C & W and Cappaert and indicate that the parties present declined to have the proceedings recorded. There is no indication that either the Hansfords or their attorney attended the hearing. The trial court signed a judgment confirming the arbitration award. Notice of the judgment was mailed to the Hansfords' counsel on January 20, 2005, and the Hansfords took a timely appeal.

DISCUSSION

The Hansfords urge two assignments of error on appeal. First, they assert that the trial court erred in determining that they filed suit prematurely and in staying the proceedings without considering whether they had agreed to arbitration under a valid contract. Second, they assert that the trial court erred in confirming the arbitration award, which they claim was rendered upon matters not subject to arbitration.

The first of the Hansfords' assignments pertains to the trial court's handling of the exception of prematurity in December 2002. The determination as to whether to enjoin or order arbitration is a question of law. Conagra Poultry Co. v. Collingsworth, 30,155 (La.App. 2d Cir.1/21/98), 705 So.2d 1280.

La. C.C.P. art. 933 provides, in part:

A. If the dilatory exception pleading want of amicable demand is sustained, the judgment shall impose all court costs upon the plaintiff. If the dilatory exception pleading prematurity is sustained, the premature action, claim, demand, issue or theory shall be dismissed.

Instead of dismissing the Hansfords' lawsuit, the trial court stayed the matter. Ordinarily, when a trial court sustains an exception of prematurity, it dismisses the case, and the aggrieved party has the opportunity at that time to appeal. However, La. R.S. 9:4202 provides:

If any suit or proceedings be brought upon any issue referable to arbitration under an agreement in writing for arbitration, the court in which suit is pending, upon being satisfied that the issue involved in the suit or proceedings is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until an arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with the arbitration.

Compare also the FAA provision, 9 U.S.C. § 3. The issuance of a stay is not among those rulings from which an appeal is allowed, see 9 U.S.C. § 16(b)(1) and La. R.S. 9:4215, and the Hansfords did not seek supervisory writs. Because the case was stayed instead of dismissed, the Hansfords have not had the opportunity to argue that their dispute should not have gone to arbitration. Accordingly, we now consider those arguments, first raised in 2002.

Both federal and state law favor arbitration. 9 U.S.C. § 2 provides:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Traders' Mart, Inc. v. AOS, Inc.
268 So. 3d 420 (Louisiana Court of Appeal, 2019)
Courville v. Allied Professionals Insurance Co.
218 So. 3d 144 (Louisiana Court of Appeal, 2017)
Swaggart v. Doe
216 So. 3d 1118 (Louisiana Court of Appeal, 2017)
Horseshoe Entertainment v. Lepinski
923 So. 2d 929 (Louisiana Court of Appeal, 2006)
Johnson v. Blue Haven Pools of Louisiana, Inc.
928 So. 2d 594 (Louisiana Court of Appeal, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
911 So. 2d 901, 2005 WL 2292158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansford-v-cappaert-manufactured-housing-lactapp-2005.