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

Opinion

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).

DEPUTY CLERK OF COURT FOR THE COURT