Cited by
Opinions in Louisiana that cite Thomas v. Desire Community Housing Corp., 773 So. 2d 755.
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Rogers v. Integrated Exploration & Prod., LLC
265 So. 3d 880
La. Ct. App. 1st Cir. 2019
App. 4 Cir. 7/19/00), , 759 (recognizing that "arbitration is a substitute for litigation and that its purpose is to settle disputes in a fast, inexpensive manner before a tribunal chosen by the parties" and finding that the right to arbitration was waived by failing to seek timely supervisory review of a judgment granting the exception of
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Ledbetter v. Homes by Paige, L.L.C.
110 So. 3d 141
La. Ct. App. 1st Cir. 2012
4 Cir. 7/19/00) , (non-pecuniary damages awarded for breach of contract to build home that was culmination of a lifelong dream of rising from the housing projects to homeownership) and Mayerhofer v. Three R’s Inc., (La.App.
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Rathborne v. Rathborne
999 So. 2d 816
La. Ct. App. 4th Cir. 2008
4 Cir. 7/19/00) , , we held that a right to arbitration can be waived by not seeking timely review of the trial court's overruling of the exception of prematurity.
- Sher v. Lafayette Ins. Co. 973 So. 2d 39 La. Ct. App. 4th Cir. 2008
- Bowser v. PREMIER AUTOMOTIVE GROUP 971 So. 2d 426 La. Ct. App. 4th Cir. 2007
- Ellis Const. v. Vieux Carre Resort Propert. 934 So. 2d 206 La. Ct. App. 4th Cir. 2006
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Explained
Nicholas Rozas v. Keith Montero
La. Ct. App. 3d Cir. 2005
4 Cir. 7/19/00), under the particular facts of that case: 8 [O]ne who claims entitlement to arbitration cannot make a pro forma request for it, file a reconventional demand and then sit on his rights for six and a half years, participat
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Explained
Rozas v. Montero
916 So. 2d 444
La. Ct. App. 3d Cir. 2005
4 Cir. 7/19/00), , under the particular facts of that case: [O]ne who claims entitlement to arbitration cannot make a pro forma request for it, file a reconventional demand and then sit on his rights for six and a half years, participate in litigation and then after an adverse ruling cry "`Kings-X,' the judgment is invalid for wa
- Dufrene v. HBOS MFG., LP 872 So. 2d 1206 La. Ct. App. 4th Cir. 2004
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Lakeland Anesth., Inc. v. United Health. of La.
871 So. 2d 380
La. Ct. App. 4th Cir. 2004
4 Cir. 7/19/00) , )(noting that "[a]n order denying arbitration may produce a `Catch 22' situation unless it is immediately appealable.") Explaining the "Catch 22" situation, we noted in Thomas that if a party fails to appeal a trial court ruling denying a motion to stay or to compel arbitration and thereafter participates in the proce
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Explained
Shelley W. West v. Bruner Health Group, Inc.
La. Ct. App. 3d Cir. 2003
4 Cir. 7/19/00), under the particular facts of that case: [O]ne who claims entitlement to arbitration cannot make a pro forma request for it, file a reconventional demand and then sit on his rights for six and a half years, participate in litigation and then after an adverse ruling cry ‘“Kings-X,’ the ju
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Explained
West v. Bruner Health Group, Inc.
866 So. 2d 260
La. Ct. App. 3d Cir. 2003
4 Cir. 7/19/00), , under the particular facts of that case: [O]ne who claims entitlement to arbitration cannot make a pro forma request for it, file a reconventional demand and then sit on his rights for six and a half years, participate in litigation and then after an adverse ruling cry "`Kings-X,' the judgment is invalid for wa
- Simpson v. Pep Boys-Manny Moe & Jack, Inc. 847 So. 2d 617 La. Ct. App. 4th Cir. 2003
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Pumpelly Oil, Inc. v. Ribbeck Const. Corp.
838 So. 2d 88
La. Ct. App. 3d Cir. 2003
4 Cir. 7/19/00) ; ; Albert K. Newlin, Inc. v. Morris, 99-1093 (La.App.
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Bodenheimer v. New Orleans Public Belt and CSX Transportation, Inc.
828 So. 2d 77
La. Ct. App. 1st Cir. 2002
4 Cir. 7/19/00), , is applicable to the case at bar, where we *79 discussed at length the procedure for preserving a claim of arbitration rights.
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Beasley v. Ed's Mobile Homes, Inc.
824 So. 2d 383
La. Ct. App. 3d Cir. 2002
4 Cir. 8/10/00) ; , a case involving the defective construction of a home, the court found that the nature of the contract to build the Thomas' home supported a nonpecuniary interest.
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Shroyer v. Foster
814 So. 2d 83
La. Ct. App. 1st Cir. 2002
App. 4th Cir.7/19/2000), ; MMR-Radon Constructors, Inc. v. Continental Ins.
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Flatland Real Estate Co., LLC v. Dugas Const., Inc.
784 So. 2d 867
La. Ct. App. 3d Cir. 2001
4 Cir. 8/10/00) ; ; Albert K. Newlin, Inc. v. Morris, 99-1093 (La.App.