FRANZONE v. MERCHANTS TRUST AND SAV. BANK

No. 83-CA-272.

437 So.2d 1192 (1983)

Vincent FRANZONE v. MERCHANTS TRUST AND SAVINGS BANK, et al.

Court of Appeal of Louisiana, Fifth Circuit.

September 13, 1983.


Attorney(s) appearing for the Case

John R. Martzell, Martzell, Lamothe & Gay, New Orleans, for Vincent Franzone, plaintiff-appellant.

J. Robert Hoepffner, Mamoulides & Hoepffner, Metairie, for Merchants Trust and Sav. Bank, defendant-appellee.

Before BOUTALL, KLIEBERT and GRISBAUM, JJ.


BOUTALL, Judge.

This case arises from a dispute over a lease. From judgment dismissing the plaintiff's rule to evict and ordering the parties to submit to arbitration as provided in the lease, the plaintiff has appealed.

The issues before this court are: whether dismissal of the eviction proceeding was correct; and, as to arbitration, whether an arbitrable controversy existed and whether the defendant's right to arbitrate was waived.

On June 1, 1977...

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