Adam and Brandi Roussel v. Daniel Andrew Moore, Allyson Michelle Thibodeaux, Katie Moore Desselle, Pennant Real Estate, LLC, Kevin Dinkel, Advantage Services, Inc, Republic-Vanguard Insurance Company

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

ADAM AND BRANDI ROUSSEL NO. 2021 CW 1452

VERSUS

DANIEL ANDREW MOORE, ALLYSON
MICHELLE THIBODEAUX, KATIE
MOORE DESSELLE, PENNANT REAL
ESTATE, L. L. C., KEVIN
DINKEL, JANUARY 31, 2022
ADVANTAGE SERVICES,
INC., AND REPUBLIC - VANGUARD
INSURANCE COMPANY

In Re: Advantage Services, Inc. and Kevin Dinkel, applying
for supervisory writs, 23rd Judicial District Court,
Parish of Ascension, No. 130637.

BEFORE: MCDONALD, LANIER, AND WOLFE, JJ.

WRIT DENIED. The transcript of the July 7, 2021 hearing on
defendants' " Dilatory Exception of
Prematurity and,

Alternatively, Motion to Stay Proceedings and Compel Arbitration
and Assess Costs" reveals no evidence was introduced or admitted
during the hearing, including the subject arbitration agreement.
The party seeking to enforce an arbitration agreement carries
the burden of proving the existence of a valid arbitration
agreement. FIA Card Services, N. A. v. Weaver, 2010- 1372 ( La.
3/ 15/ 11), 62 So. 3d 709, 719; see also La. Code Civ. P. art. 930;
Landis Construction Co., L. L. C. v. State, 2015- 1167 ( La. App.
1st Cir. 2/ 29/ 16), 199 So. 3d 1, 2- 3 (" Evidence not properly and
officially offered and introduced cannot be considered, even if
it is physically placed in the record.").
Accordingly, the
trial court did not err in denying defendants' exception and

alternative motion.

JMM
WIL
EW

COURT OF APPEAL, FIRST CIRCUIT

ri

DEPUTY ERK OF COURT
FOR THE COURT