Franzone v. Merchants Trust & Savings Bank

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, Vincent Franzone (“Franzone”) and three co-owners leased for forty years a parcel of real estate in Kenner to Merchants Trust and Savings Bank…