Legal Opinion · Dissent
MSO, LLC v. DeSIMONE
Connecticut Appellate Court
Decided April 17, 2012No. AC 33042Published
1DissentBeach, J.
I respectfully dissent. I have no disagreement with the majority’s description of the proceedings in the trial court. The complaint was served and the return of service was filed in May, 2006. Various pleadings and motions were filed. The arbitration clause was never mentioned in the pleadings until December, 2008, when the defendants Anthony DeSimone and Charles DeSimone, Jr., in their personal capacities and as coexecutors of the estate of Charles E. DeSimone, filed a motion for a stay pending arbitration. The plaintiff, MSO, LLC, promptly objected to the motion and argued that the…
2Cases cited6 opinions
- Pandolphe's Auto Parts, Inc. v. Town of ManchesterSupreme Court of Connecticut · 1980
- Hanover Insurance v. Fireman's Fund InsuranceSupreme Court of Connecticut · 1991
- New York Annual Conference of the United Methodist Church v. FisherSupreme Court of Connecticut · 1980
- Total Recycling Services of Connecticut, Inc. v. Connecticut Oil Recycling Services, LLCSupreme Court of Connecticut · 2011
- State v. BoutilierConnecticut Appellate Court · 2012
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