Kris A Dubois Best V Ronald J Best

Key Facts

Issues

• Whether the entire arbitration process was heavily flawed, including failure to update property values after hurricane damage, improper valuation dates, and use of different combined descriptive lists at arbitration.
• Whether the trial court had the authority to order binding arbitration when the appellant only agreed to mediation, and whether she was coerced or tricked into signing the arbitration agreement.
• Whether the trial court erred in allowing an ad hoc judge to sign the judgment, whether the attorney failed to file a Motion for Invalidity of the Arbitrator's award, and whether the judgment was improperly made res judicata when the appellant did not attend the meeting.
• Whether the appellant failed to follow Louisiana Revised Statutes procedures for vacating, modifying, or correcting an arbitration award, and whether proper application and notice requirements were met under La.R.S. 9:4209.
• Whether the arbitrator was biased and partial throughout the proceedings, and whether the trial court erred in granting an order forcing the appellant to attend the second arbitration session.

Holdings

Remedies

Legal Principles

• The plaintiff appealed the trial court's making of the judgment res judicata at the April 12, 2004 meeting when she did not attend because a law clerk told her to stay home. The court addressed whether the trial court erred in making the judgment res judicata under these circumstances.
• Louisiana Revised Statutes 9:4201, 9:4209, 9:4210, and 9:4211 govern arbitration agreements and awards. The court found the arbitration agreement valid and enforceable, noting that a person who signs a document is presumed to have read it and know its contents. The judgment confirming the award was not properly entered because there was no proper application to confirm or notice to the adverse party. The case was remanded for proper proceedings.

Precedent Name

• Belleville Historic Dev., L.L.C. v. GCI Constr., Inc.
• Commercial Renovations, Inc. v. Shoney's of Boutte, Inc.
• Dulin v. Levis Mitsubishi, Inc.

Cited Statute

• Louisiana Revised Statute 9:4210
• Louisiana Revised Statute 9:4209
• Louisiana Revised Statute 9:4201
• Louisiana Revised Statute 9:4211

Judge Name

• J. David Painter
• Michael G. Sullivan
• Glenn B. Gremillion

Passage Text

• The article clearly contemplates that an application be made by one of the parties for an order confirming the award. The word 'may' in the article refers to the fact that either party can make the application, but requires that the application be made within one year. Further, the last sentence of the article by the use of the word 'shall' requires that a five day written notice be given to the adverse party or her attorney. We note that the statute does not provide the form of the application nor of the notice (other than it be written). In our search of the law, we were unable to find any form of an application for an order to confirm the award, nor could we find any form of notice to Kris that the trial court would sign such an order. Accordingly, the judgment confirming the award was not properly entered.
• We remand this case to the trial court for further proceedings once an application to confirm the arbitrator's award can be filed and five day written notice be given to the adverse party or her attorney before a hearing be held. At the hearing, the only grounds which may be considered by the trial court for vacating, modifying, or correcting the arbitrator's award shall be those set forth in La.R.S. 9:4210 and 9:4211.
• Having reviewed this document, we find it was very clear in explaining the arbitration process, including the role of the arbitrator, and in describing the purpose of the arbitration, as well as the finality of the decision. We do not find any evidence to suggest that Kris was coerced into signing the document or that fraud or error played a part in her signing the document. The arbitration agreement is valid.