HENNECKE v. CANEPA

No. 96-CA-0772.

700 So.2d 521 (1997)

Robert C. HENNECKE v. Kenneth J. CANEPA, et al.

Court of Appeal of Louisiana, Fourth Circuit.

May 21, 1997.


Attorney(s) appearing for the Case

Carl W. Cleveland, George P. Vedros, Jean-Paul Layrisson, Timothy D. Scandurro, Carl W. Cleveland & Associates, New Orleans, for John V. LaBarge Bankruptcy Trustee.

M. Nan Alessandra, Phelps Dunbar, New Orleans, for Robert C. Hennecke.

Trevor G. Bryan, Bryan & Jupiter, New Orleans, for Norbert Simmons & First Commonwealth Securities Corporation.

Before BYRNES, LOBRANO, PLOTKIN, JONES and WALTZER, JJ.


LOBRANO, Judge.

We granted rehearing in this matter to consider the arguments raised by appellants in their application. In particular, we reconsider the issue of whether our review standard, i.e. abuse of discretion, was appropriate. For the following reasons, we conclude that we erred in applying that standard because the issue is legal, rather than factual. We hold that the trial judge committed legal error by reasserting jurisdiction and staying the arbitration...

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