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Texas Arbitration Law
 
Intl Energy Ventures Mgmt, LLC v. United Energy Gr

IEVM filed the instant action against UEG and Mueller in Texas state court. UEG removed the action to federal court, and the original state court petition was never amended. The facts, recited almost verbatim from the complaint, are as follows. In July 2010, British Petroleum (“BP”) announced that it wished to sell its Pakistani subsidiaries that owned oil and gas fields in Pakistan (“BP Pakist... More...   $0 (08-23-2015 - TX)

Baylor University Medical Center v. Mary Greeson

Baylor University Medical Center appeals an order abating a case and refusing to decide
Baylor’s motion to compel arbitration regarding Mary Greeson’s work place injury claim until
the parties complete discovery outlined in their Rule 11 agreement. In two issues Baylor argues
that (i) the trial court should have compelled Greeson to pursue her claims through arbitration
and (ii) th... More...
   $0 (07-20-2015 - TX)

Stride Staffing v. Antonio Holloway

In this interlocutory appeal, appellant Stride Staffing appeals the trial court’s order denying its motion to compel arbitration. For the following reasons, we reverse the trial court’s order and remand to the trial court for further proceedings.
Stride Staffing is an employment agency that assigned Holloway to work at First Co. First Co. later terminated Holloway’s assignment, and Holloway fi... More...
   $0 (07-29-2015 - TX)

Henry S. Miller Brokerage, LLC v. Ruth Mae Sanders

Henry S. Miller Brokerage, LLC appeals the trial court’s order vacating an arbitration award. In four issues, Henry S. Miller generally contends the trial court erred in vacating the award and in denying its motion to confirm the award. For the following reasons, we reverse the trial court’s order and render judgment confirming the award.
After Henry S. Miller filed suit against Ruth Mae Sande... More...
   $0 (07-31-2015 - TX)

Octavio Raya v. Rio Management Company, LLC and Wyatt Hidalgo Farms, Inc.

By four issues, appellant, Octavio Raya, appeals the trial court’s confirmation of the arbitrator’s take-nothing judgment in favor of appellees, Rio Management Company, L.L.C. (“Rio”) and Wyatt Hidalgo Farms, Inc. (“Wyatt”). Raya raises four issues on appeal challenging the trial court’s grant of Rio’s summary relief: (1) Rio omitted the
2
premises owner, Wyatt Hidalgo Farms, Inc. (“Wyatt”... More...
   $0 (07-25-2015 - TX)

In re Lennar Homes of Texas Sales and Marketing Limited, etc.

The court has considered relators’ petition for writ of mandamus and is of the opinion that relief should be granted regarding mediation and denied regarding arbitration. The trial court abused its discretion by appointing a
1See Tex. R. App. P. 47.4, 52.8(d).
2
mediator and assessing mediation costs in a manner not authorized by the parties’ contract. The portions of the petition addr... More...
   $0 (07-15-2015 - TX)

Beldon Roofing Company v. Sunchase IV Homeowners' Association, Inc.

Beldon Roofing Company appeals the district court’s order denying its motion to
compel arbitration pursuant to the Federal Arbitration Act (FAA). See generally 9 U.S.C.
2
§§ 1–16 (West, Westlaw through P.L. 113-296). By one issue, Beldon contends that it
has the legal right to arbitrate pursuant to its original contract. We affirm.
I. BACKGROUND
In 2008, appellee Sunc... More...
   $0 (06-04-2015 - TX)

In Re Memorial Herman Hospital System; Memorial Herman Physician Network; Michael Macris, M.D.; Michael Macris, M.D., P.A. and Keith Alexander

A decade ago, we observed: “While the medical privileges are important in promoting free discussion in the evaluation of health care professionals and health services, the right to evidence is also important, and therefore privileges must be strictly construed.”1 In this original proceeding—involving a heart surgeon who claims his former hospital retaliated against him for joining a competin... More...   $0 (05-22-2015 - TX)

Movie Poster House, Inc. v. Heritage Auctions, Inc.

Movie Poster House, Inc. appeals the trial court’s summary judgment in favor of Heritage Auctions, Inc. In four issues, MPH contends the trial court erred because its claims are not barred by res judicata or collateral estoppel and the arbitrator abused his discretion by refusing to allow MPH to amend its statement of claims. We affirm.
In early 2008, Kenneth Mauer loaned William Hughes over... More...
   $0 (05-08-2015 - TX)

KNJ Enterprises, Inc. v. Wilbanks & Wilbanks, P.C. and H. Erwin Wilbanks and Fidelity National Title Insurance Company

The trial court signed an order compelling arbitration of all claims between
appellant KNJ Enterprises, Inc. and appellees Wilbanks & Wilbanks, P.C., H.
Erwin Wilbanks, and Fidelity National Title Insurance Company (collectively
“Wilbanks”). Wilbanks initiated arbitration in conformity with the trial court’s
order. KNJ received notice of the arbitration initiated by Wilbanks ... More...
   $0 (04-14-2015 - TX)

In the Estate of Rosa Elvia Guerrero, Deceased

Mike Hall Chevrolet, Inc. d/b/a Champion Chevrolet (Champion) brings this
interlocutory appeal from the trial court’s order denying its motion to compel
arbitration pursuant to the Federal Arbitration Act (FAA). See Tex. Civ. Prac. &
Rem. Code § 51.016 (providing that matters subject to the FAA may be appealed
under the same circumstances that an appeal from a federal court orde... More...
   $0 (04-23-2015 - TX)

JOHN KLEAS CO., INC. v. MICHAEL PROKOP, DAVID A. CARP AND HERZOG & CARP, P.C.

Appellant John Kleas Co., Inc. (“Kleas”) challenges the trial court’s summary
judgment and its award of attorney’s fees as sanctions in favor of appellees, Michael
Prokop, David A. Carp, and Herzog & Carp, P.C. By five issues, Kleas contends that: (1)
the trial court erred by denying its motion to continue a hearing on appellees’ summary
2
judgment motions; (2) Kleas ... More...
   $0 (04-02-2015 - TX)

Endura Advisory Group Ltd. v. Dominic Altomare, Josh Reneau

This is an accelerated, interlocutory appeal of the trial court’s order denying a motion to compel arbitration filed by appellant, Endura Advisory Group, Ltd. On appeal, Endura contends that appellee Dominic Altomare was required to arbitrate the claims he alleged against Josh Reneau in the underlying lawsuit. Endura intervened in the lawsuit and filed the motion to compel, asserting Altomare wa... More...   $0 (04-08-2015 - TX)

Arbor Windsor Court, LTD v. Weekley Homes, LP

Appellant, Arbor Windsor Court, Ltd. (Arbor), appeals the trial court’s judgment following a jury verdict. Specifically, in two main issues, Arbor contends the trial court erred in rendering a take-nothing judgment on its breach of contract claims against Weekley Homes, LP (Weekley). Weekley also asserts two conditional cross-points in support of the trial court’s judgment. We affirm.
I. B... More...
   $0 (03-17-2015 - TX)

Ecom USA, Inc. and U.S. Cotton Growers Association v. David Lynn Clark and Ashley Lyn Clark, Patsy Marie Clark, Randy Craig Coleman and Sandra Jo Coleman, William Ronald Coleman and Jodi A. Coleman

This interlocutory appeal involves the district court’s refusal to compel David Lynn Clark, Ashley Lyn Clark, Patsy Marie Clark, Randy Craig Coleman, Sandra Jo Coleman, William Ronald Coleman and Jodi A. Coleman (collectively referred to as the Farmers) to submit their claims against ECOM USA, Inc. and U.S. Cotton Growers Association (USCGA) to arbitration. The Farmers had contracted to deliver ... More...   $0 (02-25-2015 - TX)

Comed Medical Systems, Co., Ltd. d/b/a GEMSS Medical and GEMSS North America Inc., f/k/a GEMSS USA Inc. v. AADCO Imaging, LLC and AADCO Medical Inc.

This is an interlocutory appeal of a temporary injunction ancillary to pending
arbitration proceedings. With the exception of one narrow feature of the order that must be
modified, we will affirm the order.
BACKGROUND
The appellants (collectively, “GEMSS”) are affiliated entities that manufacture
medical equipment. In May 2013, GEMSS executed a “Master Distribution Agreem... More...
   $0 (02-26-2015 - TX)

Villa de Leon Condominiums, LLC, Patten Sales and Marketing, LLC, and Bill Bridges, Jr. v. Michael Stewart and Carrie Stewart

This is an interlocutory appeal from an order denying a motion to compel arbitration. In five issues, appellants Villa De Leon Condominiums, LLC, Patten Sales and Marketing, LLC, and Bill Bridges, Jr. contend that the trial court erred
1See Tex. R. App. P. 47.4.
2
by denying their motion to compel arbitration and for a stay of all other trial court proceedings pending arbitration. We r... More...
   $0 (02-20-2015 - TX)

Frank J. Schuster v. Kathleen Wild

Appellants, Frank J. Schuster, individually and as executor of the estate of Frank
Schuster, Frank Schuster Farms, Inc., Frank Schuster Farms and Frank Schuster Farms,
2
Ltd., appeal from the trial court’s refusal to confirm the arbitrator’s order and its vacatur of that award. See TEX. CIV. PRAC. & REM. CODE ANN. § 171.098 (West, Westlaw through 2013 3d C.S.) (“A party may appe... More...
   $0 (01-15-2015 - TX)

Symetra Life Insurance company v. Rapid Settlements, Limited

After nine years of litigation and a prior appeal to this court, three house-keeping items are presented in this appeal: attorneys’ fees, damages, and the scope of injunctive relief. Appellants Symetra Life Insurance and Symetra Assigned Benefits Service (collectively “Symetra”) appeal the district court’s refusal to award attorneys’ fees under the Texas and Washington State Structured S... More...   $0 (12-23-2014 - TX)

Chopra and Associates, P.A. v. U.S. Imaging, Inc.

Appellant Chopra and Associates, PA, sent appellee U.S. Imaging, Inc., (“USI”) a demand for arbitration after not receiving certain bonus payments allegedly owed under an agreement between the parties. USI subsequently filed suit seeking a declaratory judgment that the agreement under which appellant
sought arbitration was “never formed and was never in existence.” Appellant
moved ... More...
   $0 (12-18-2014 - TX)

Insurance Alliance v. Lake Texoma Highport, LLC and Bowood Partners, Limited

After its marina on Lake Texoma was damaged in a flood, Lake Texoma Highport, LLC sued its insurance broker, Insurance Alliance, and a London broker, Bowood Partners, Limited, because the policy in place at the time of the flood was not the policy Highport had requested. A jury returned a verdict in Highport’s favor. The trial court’s judgment ordered that Highport recover damages and attorney... More...   $0 (11-19-2014 - TX)

Doug Crownover and Karen Crownover v. Mid-Continent Casualty Company

Doug and Karen Crownover contracted with Arrow Development, Inc. (“Arrow”) to construct a house for them. Arrow performed defective work and then failed promptly to correct the work. The Crownovers spent a significant amount of money paying to correct the work themselves. An arbitrator found Arrow liable to the Crownovers for breaching its express warranty to repair non-conforming work and awa... More...   $0 (10-29-2014 - TX)

Leonard K. Hoskins v. Colonel Clifton Hoskins and Hoskins, Inc.

Pursuant to an order of a bankruptcy court, Leonard K. Hoskins, Colonel Clifton Hoskins, and Hoskins, Inc. (the “Company”) were all parties to an arbitration proceeding. After a final arbitration award was entered with regard to Leonard’s claims against Clifton and the Company, Leonard filed a motion to vacate the arbitration award, while Clifton and the Company filed a motion to confirm the... More...   $0 (10-15-2014 - TX)

Mission Petroleum Carriers, Inc. v. David Kelly

Mission Petroleum Carriers, Inc. appeals from the trial court’s denial of its motion to compel arbitration. In a single issue, Mission asserts that David Kelley ratified the arbitration agreement by accepting benefits under the plan, rendering any procedural unconscionability in the formation of the agreement moot. We agree, and we reverse and remand to the trial court for an order compelling th... More...   $0 (10-09-2014 - TX)

Robert P. Leslie v. Jeffrey R. Hill and Anthony T. Hill

Appellant Robert P. Leslie appeals from the trial court’s order confirming the arbitration award against appellees Jeffrey R. Hill and Anthony T. Hill, but refusing to sign a final judgment based on the confirmed award. Because the arbitration statutes do not contemplate a trial court confirming an arbitration award without also signing a final judgment based on that award, we reverse the trial ... More...   $0 (10-16-2014 - TX)

United Rentals, Inc. and United Rentals Northwest, Inc. v. Thomas T. Smith

Appellants seek reversal of the trial court’s order denying their motion to compel
arbitration against plaintiff and former employee Thomas Smith. We affirm.

BACKGROUND

Smith alleges that Appellant unlawfully terminated him on the basis of age during a
series of workforce reduction layoffs that targeted only older employees. Smith further alleges
that he refused to ... More...
   $0 (09-17-2014 - TX)

John Russell Coffman v. Celeste Elane Coffman Melton

John Russell Coffman appeals from the issuance of a second protective order preventing him from having contact with his ex-wife, Celeste Elane Coffman Melton, among others. In two issues, John challenges the legal and factual sufficiency of the evidence to support the court’s order and contends the court
erred in awarding attorney’s fees to Celeste. We affirm.
1
Background
Duri... More...
   $0 (09-04-2014 - TX)

In the Estate of Rosa Elvia Guerrero, Deceased

Mike Hall Chevrolet, Inc. d/b/a Champion Chevrolet (Champion) brings this interlocutory appeal from the trial court’s order denying its motion to compel arbitration pursuant to the Federal Arbitration Act (FAA). See Tex. Civ. Prac. & Rem. Code § 51.016 (providing that matters subject to the FAA may be appealed under the same circumstances that an appeal from a federal court order is permitted b... More...   $0 (09-04-2014 - TX)

Favour Leasing, LLC, et al v. Patrick J. Mulligan, et al

We deny appellees’ motion for rehearing. On our motion, we withdraw our June 24, 2014 opinion and vacate our judgment of that date. This is now the opinion of the Court.
This is an interlocutory appeal from the trial court’s order overruling the special appearance of Favour Leasing, LLC, C.F. Abbott Family LLC, and the LLC’s sole members, the C.F. Abbott Trust and the Oranee H. Abbott Tr... More...
   $0 (08-19-2014 - TX)

Whataburger Restaurants LLC v. Yvonne Cardwell

Whataburger Restaurants LLC, Appellant, brings this interlocutory appeal of the trial court’s order denying Whataburger’s motion to compel arbitration and motion to dismiss Yvonne Cardwell’s personal injury suit. We reverse the trial court’s order and remand with instructions.
BACKGROUND
As a condition of employment, Whataburger employees are subject to the arbitration “policy”... More...
   $0 (08-13-2014 - TX)

Ameripath, Inc. and DFW 5.01(a) Corporation v. Steven Hebert M.D.

AmeriPath, Inc. (“AmeriPath”) and DFW 5.01(a) Corporation (“DFW”) appeal the trial court’s judgment, which finalized a series of summary judgments and separate legal rulings, and which awarded attorney’s fees to appellee Steven Hebert. In four issues, appellants contend the trial court erred by (1) denying their motion to confirm an arbitration award, (2) granting summary judgment on a... More...   $0 (08-11-2014 - TX)

Darrell Bruess and Traci Bruess v. Residential Credit Solutions, Inc.

When Darrell and Traci Bruess fell behind on their mortgage payments, Residential Credit Solutions, Inc. initiated foreclosure proceedings against them. The Bruesses sued RCS, thereby halting the foreclosure. The parties attended mediation, which ended with the attorneys for both sides signing a mediated
2
settlement agreement. Over one year later, the trial court entered a final judgment ... More...
   $0 (08-05-2014 - TX)

Western Dairy Transport, LLC v. Marcial Felipe Vasquez

In this consolidated interlocutory appeal and petition for writ of mandamus, Appellant/Relator, Western Dairy Transport, LLC, challenges the trial court's order denying its motion to compel arbitration in the suit filed by Appellee/Real Party in Interest, Marcial Felipe Vasquez. We conclude that we lack jurisdiction over the petition for writ of mandamus. In the interlocutory appeal, we conclude t... More...   $0 (07-30-2014 - TX)

Momentis U.S. Corporation v. Sheldon Weisfield and Wesley Bishop

In this accelerated appeal, Momentis U.S. Corporation appeals the trial court’s order
denying its motion to compel arbitration. Momentis contends the trial court abused its discretion
by denying its motion because Sheldon Weisfeld and Wesley Bishop entered into an agreement
and, under the terms of the agreement, agreed to arbitrate all disputes. Momentis also argues the
terms of ... More...
   $0 (07-23-2014 - TX)

Christopher Jenkins v. City of Cedar Park, Texas

Christopher Jenkins challenges the district court’s order granting the City of
Cedar Park’s plea to the jurisdiction in a case arising under the Fire Fighters’ and Police Officers’
Civil Service Act. See generally Tex. Loc. Gov’t Code §§ 143.001–.363 (the Civil Service Act or
the Act). Jenkins, a fire fighter, appealed his indefinite suspension to a hearing examiner, who<... More...
   $0 (07-24-2014 - TX)

Len Rao v. The American Arbitration Association

Len Rao appeals the trial court’s granting of a plea to the jurisdiction filed by the
American Arbitration Association. In two points of error, Rao argues the trial court erred in
granting AAA’s plea to the jurisdiction because (1) the arbitral immunity doctrine does not apply
to AAA’s actions and (2) AAA does not have jurisdiction to arbitrate the alleged arbitration
clause.... More...
   $0 (07-21-2014 - TX)

Zurich American Insurance Company v. Sandra A. Debose

Appellant, Zurich American Insurance Company, appealed an administrative decision regarding coverage of worker’s compensation insurance to the trial court. Both parties filed motions for summary judgment. The trial court granted the motion for summary judgment filed by appellee, Sandra A. Debose, and denied
2
Zurich American’s motion. In five issues, Zurich American argues (1) Zurich A... More...
   $0 (07-15-2014 - TX)

Robert S. Bennett v. Broocks Baker & Lange, L.L.P.

This appeal involves the latest chapter in a law firm’s attempts to collect on a judgment it obtained against its former partner. Robert Bennett appeals the trial court’s order appointing a receiver in the matter, contending that the order
2
improperly subjects his wholly-owned personal limited liability company to turnover. Finding no error, we affirm.
Background
In August 199... More...
   $0 (07-10-2014 - TX)

Phillip Dale Archer and Crystal Lynn Archer v. David Alan Archer, Steven Lee Archer, and Anita Sue Hunter

Phillip Dale Archer (Phillip) and Crystal Lynn Archer (collectively appellants) bring this interlocutory appeal from the trial court’s order denying their motion to compel arbitration. See TEX. CIV. PRAC. & REM. CODE ANN. § 171.098(a)(1) (West 2011) (permitting interlocutory appeal from trial court’s order denying motion to compel arbitration). We affirm the trial court’s order.

Back... More...
   $0 (06-17-2014 - TX)

Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital v. Jewell Hayden

In this interlocutory appeal,1 Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital appeals a trial court’s order denying its

1 See TEX. CIV. PRAC. &REM. CODE ANN. § 51.014(a)(9) (West Supp. 2013).

2

motion to dismiss Jewell Hayden’s slip-and-fall claim arising out of an injury she suffered while she was assisting a patient at the hospital. The... More...
   $0 (06-17-2014 - TX)

 
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