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Texas Arbitration Law
 
Ernest Mangia v. VIA Metropolitan Transit

Ernest Mungia sued his former employer, VIA Metropolitan Transit, and obtained a default judgment. Four years later, VIA attempted to set aside the default judgment by filing a bill of review and a claim for declaratory relief. The trial court granted VIA’s motion for summary judgment as to both causes of action and awarded attorney’s fees to VIA. In one issue on appeal, Mungia contends the tr... More...   $0 (04-09-2014 - TX)

Casa Del Mar Association, Inc. v. Gossen Livingston Associates, Inc.

Appellant, Casa del Mar Association, Inc. (“Casa del Mar”), sued appellee, architecture firm Gossen Livingston Associates, Inc. (“GLA”), for services GLA

2

provided during renovation of Casa del Mar’s condominiums.1 GLA moved for summary judgment, arguing that the doctrine of collateral estoppel applied based on a previous arbitration proceeding addressing the same renovati... More...
   $0 (04-10-2014 - TX)

In the Matter of the Marriage of Alicia Pierce and Stephen Pierce

Stephen Pierce appeals from the trial court’s entry of a final decree of divorce dissolving his marriage to Alicia Pierce. We affirm.

Background Facts

During their marriage, Stephen and Alicia jointly owned and operated two internet marketing companies: Impulsive Profits, Inc., and Stephen Pierce International, Inc. Alicia filed an original petition for divorce September 7, 2010. S... More...
   $0 (04-03-2014 - TX)

Michael Gaertner d/b/a Michael Gaertner & Associates v. Robert Langhoff

Defendant/appellant Michael Gaertner d/b/a Michael Gaertner & Associates appeals the trial court’s interlocutory order denying his motion to dismiss under section 150.002(e) of the Texas Civil Practice and Remedies Code. We affirm.

2

BACKGROUND

In January 2010, plaintiff/appellee Robert Langhoff was injured after slipping and falling down the stairs of a Fort Bend County his... More...
   $0 (03-18-2014 - TX)

IQ Holdings, Inc., Yohanne Gupta and Saroj Gupta v. Villa D'Este Condominium Owner's Association, Inc. and Lee Blask

The parties to this appeal executed a Rule 11 settlement agreement at mediation in which they agreed, among other things, to (1) execute final settlement

2

documents to be drafted after the conclusion of the mediation and (2) return to the mediator to have her arbitrate, resolve and render a final decision in disputes “regarding the drafting of the [final settlement] agreement and ... More...
   $0 (03-13-2014 - TX)

WCW International, Inc., and Chris Wilmot v. Jerry W. Broussard, Ronnie D. LaBorde, David M. Kernion, David O. Strickland, Craig M. Borel, Kevin J. Roussel, George A. Lowery and Carlos O. Giron

This consolidated appeal concerns a Stock Purchase Agreement (“SPA”) entered into among appellant/cross-appellee WCW International, Inc. (“WCW”),

2

and appellees/cross-appellants Jerry Broussard, Ronnie D. Laborde, David M. Kernion, David O. Strickland, Craig M. Borel, Kevin J. Roussel, George A. Lowery, and Carlos O. Giron. In the SPA, WCW agreed to purchase stock from appel... More...
   $0 (03-04-2014 - TX)

Tim Pritchett v. Gold's Gym Franchising, LLC

Tim Pritchett brings this interlocutory appeal of the trial court’s order denying his special appearance in this suit for breach of a guaranty agreement brought by Gold’s Gym Franchising, LLC. TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(7) (West Supp. 2013). Pritchett brings two issues on appeal contending the trial court erred by denying his special appearance (1) because Gold’s Gym’s a... More...   $0 (02-04-2014 - TX)

Thomas, Stuart v. Carnahan Thomas, LLP, Frederick Hoelke & Roy Romo

Appellant Stuart Thomas (“Thomas”) appeals from two summary judgments entered in favor of appellees Carnahan Thomas, L.L.P., Frederick Hoelke, Roy Romo and William Peters (collectively referred to as the “Attorneys”). In two issues, Thomas contends the trial court erred in granting the Attorneys’ motions for summary judgment concerning: (1) his negligence claim and (2) his claim for brea... More...   $0 (02-04-2014 - TX)

Estate of Kenneth Flournoy, Estate of Mildred Lamb, and Kathlan Flournoy v. David B. Risner and Billie Casey Risner

This suit is an appeal to set aside an award in arbitration. We affirm the trial court’s judgment. In 1994, Mildred Lamb, in her individual capacity, executed and delivered two deeds of parts of her property in Van Zandt County.1 The first of these was executed in July to her neighbors, David Risner and wife, Billie Casey Risner, and purported to convey a specific 10.163-acre portion of her call... More...   $0 (01-09-2014 - TX)

Lloyd Ward, Lloyd Ward, PC. et al v. Hawkins, Kelly

Appellants Lloyd Ward, Lloyd Ward, P.C., Lloyd Ward & Associates, and Lloyd Ward Group, P.C. appeal the denial of their motion to vacate a Kansas default judgment in favor of appellee Kelly Hawkins. In three issues, appellants contend the trial court (1) abused its discretion by not granting their motion to vacate the default judgment because the Kansas court lacked personal jurisdiction over appe... More...   $0 (12-16-2013 - TX)

RCS Enterprises, LP and James Martin Montgomery v. Darrell G. Hilton and Debbie L. Hilton

Appellants RCS Enterprises, LP (RCS) and James Martin Montgomery filed a motion to dismiss the lawsuit brought against them by Appellees Darrell G. Hilton and Debbie L. Hilton. The trial court denied that motion, and RCS and Montgomery now appeal. They alternately seek a writ of mandamus ordering the trial court to not consider the Hiltons’ supplemental expert affidavit. Because we

1See T... More...
   $0 (12-19-2013 - TX)

Andrea A. Crowson v. Thomas D. Crowson, Jr.; Barrett and Coble, Attorneys at Law; John Barrett; and Kathleen Debra Coble

Andrea A. Crowson appeals the trial court’s final decree of divorce awarding custody and visitation and dividing the marital estate pursuant to the terms of a mediated settlement agreement (the MSA). In five issues, Andrea1 challenges the trial court’s enforcement of the MSA.

For the reasons that follow, we affirm the trial court’s final decree of divorce.2

1 We refer to the pa... More...
   $0 (12-13-2013 - TX)

Rami Amir and Ron Aliezer v. International Bank of Commerce

Appellants, Rami Amir and Ron Aliezer, filed a plea in abatement and motion to compel arbitration in a suit brought by appellee, International Bank of Commerce (IBC). Amir and Aliezer filed a motion to compel arbitration but explained to the trial court they would not pay their portion of the arbitration filing

2

fee. The trial court refused to compel arbitration, and Amir and Alieze... More...
   $0 (12-12-2013 - TX)

Alper Karaali v. Petroleum Wholesale, L.P.

Appellant Alper T. Karaali1 appeals from the trial court’s final judgment in favor of Petroleum Wholesale, L.P., which was based on an arbitration award. He

1 Both Karaali and Tien Shan, Inc., the other maker on the note that forms the basis of the suit underlying this appeal, filed a notice of appeal. Their attorney was permitted to withdraw while this appeal was pending. Karaali then ap... More...
   $0 (11-26-2013 - TX)

City of San Antonio, Texas v. Joseph Salvaggio

The City of San Antonio appeals the trial court’s summary judgment in favor of San Antonio Police Lieutenant Joseph Salvaggio affirming the hearing examiner’s award overturning Salvaggio’s indefinite suspension and reinstating him to his former position. We affirm the trial court’s judgment. 1 The Honorable Richard E. Price, presiding judge of the 285th Judicial District Court, Bexar Count... More...   $0 (11-20-2013 - TX)

Valerus Compression Services, LP and Valerus Services Company, LLC v. William Austin

The underlying dispute concerns the propriety of the forced redemption of William Austin’s partnership interests in Valerus Compression Services, L.P. by Valerus Compression Services, L.P. and Valerus Services Company, LLC (collectively “Valerus”). In two interlocutory appeals, Valerus challenges the trial court’s orders (1) denying Valerus’s motion to compel arbitration of Austin’s cl... More...   $0 (11-21-2013 - TX)

In the Matter of the Marriage of Debbie Brown and David Gabriel Chavez

Appellant, David Gabriel Chavez, appeals from the judgment of the trial court denying Chavez’s request for arbitration; finding a premarital agreement valid; and, ultimately, awarding nearly all of the property to appellee, Debbie Brown. We will affirm the judgment of the trial court.

Factual and Procedural Background

The parties were married on July 29, 2006. According to Brown, t... More...
   $0 (11-07-2013 - TX)

Pilot Travel Centers, LLC, et al v. Joan McCray, et al

In this interlocutory appeal, Pilot Travel Centers, LLC (Pilot Travel) asserts the trial court erred by denying its motion to compel arbitration and for a stay of the trial court proceedings against it. We reverse the trial court’s order denying Pilot Travel’s motion to compel arbitration and for stay of the trial court proceedings.

Background

On January 18, 2011, James Antonio M... More...
   $0 (11-05-2013 - TX)

Tramel R. Bracey v. City of Killeen, Texas; and Police Chief Dennis Baldwin

This appeal presents two sets of issues regarding statutes that govern the employment relationship between Texas police officers and the municipalities they serve. First, we must address the scope of the subject-matter jurisdiction that the Legislature has conferred upon Texas courts to review the decisions of independent hearing examiners under the Civil Service Act.1 Second, assuming we determin... More...   $0 (11-06-2013 - TX)

Ivonne Leija v. Sky Properties, LLC and Harry Liu d/b/a Pinwheels Children's Center

Appellant Ivonne Leija challenges the trial court’s judgment granting of appellee Harry Liu’s motion for summary judgment against her defamation claim. In four issues, appellant argues (1) Liu has failed to establish as a matter of law his affirmative defense of truth; (2) Liu has failed to establish as a matter of law his

2

affirmative defense of opinion; (3) Liu’s summary jud... More...
   $0 (10-10-2013 - TX)

Irving Drobny, as Representative of National Accident Insurance Group and National Accident Insurance Underwriters v. American National Insurance Company

In this interlocutory appeal, appellant, Irving Drobny, as representative of National Accident Insurance Group (“NAIG”) and National Accident Insurance Underwriters (“NAIU”), challenges the trial court’s orders granting appellee,

2

American National Insurance Corporation (“ANICO”), a temporary injunction and its motion to compel arbitration. In three issues, Drobny ... More...
   $0 (08-29-2013 - TX)

Melanie Leigh Wallace v. Gregory Angus McFarlane

Melanie Leigh Wallace appeals the trial court’s final decree of her divorce from Gregory Angus McFarlane, complaining that the trial court (1) effectively granted her motion for new trial and motion to vacate the December decree when it ordered the parties to arbitration in March 2010; (2) erred and abused its discretion

2

by signing over her objections, a final divorce decree whic... More...
   $0 (08-23-2013 - TX)

Big Bass Towing, Co. v. Stephen Akin

Big Bass Towing Company appeals the trial court’s denial of its motion to compel arbitration and stay litigation proceedings. In one issue, Big Bass argues the trial court abused its discretion in denying the motion. We affirm.

BACKGROUND

Stephen Akin, a tow truck driver employed by Big Bass, suffered multiple fractures and dislocations of his back and pelvis along with irreversibl... More...
   $0 (08-14-2013 - TX)

Maneese Wall v. Phillip M. Orr, Jr.

This is an appeal from a summary judgment granted on the grounds of res judicata or collateral estoppel. Maneese Wall sued Phillip M. Orr, Jr., as Trustee of the Orr Family Trust for debt and breach of fiduciary duty alleging Orr did not pay her a distribution in the same manner as paid to other contingent beneficiaries. Orr’s answer, among other things, raised the defenses of res judicata and c... More...   $0 (07-30-2013 - TX)

Webb County v. Khaledi Properties, Ltd.

Webb County appeals the trial court’s order denying its plea to the jurisdiction in Khaledi Properties, Ltd.’s suit for specific performance of a contract for the sale of real estate. We hold that Webb County did not waive its immunity from suit, either by contract or by its conduct. We therefore reverse the trial court’s order denying Webb County’s plea to the jurisdiction and render judg... More...   $0 (07-24-2013 - TX)

City of McAllen, Texas v. Arnaldo Ramirez, Jr.

Arnoldo Ramirez Jr., Raul Romero, Promotions of America, Inc. (“Promotions”), and Nolana Entertainment, Inc. (“Nolana”), brought suit against the City of McAllen for “taking of property without due course of law or compensation” under article 1, section 17 of the Texas Constitution. See TEX. CONST. art. I, § 17 (establishing that “no

2

person’s property shall be take... More...
   $0 (07-18-2013 - TX)

Gary Biesenbach v. The City of San Antonio

This appeal involves actions taken with regard to a notice of indefinite suspension issued to Firefighter Gary Biesenbach. After an independent hearing examiner ordered Biesenbach to be reinstated with back pay, the City of San Antonio filed the underlying cause in district court asserting the “hearing examiner” was an arbitrator, and the arbitrator exceeded his jurisdiction in issuing his dec... More...   $0 (07-17-2013 - TX)

Paul Jacobs, P.C. and Paul Steven Jacobs v. Encore Bank, N.A.

After the trial court granted two interlocutory summary judgments to Encore Bank, N.A. [“Encore Bank”] relating to its suit on a note against Paul Jacobs, P.C. and its guarantor, Paul Jacobs [collectively, “Jacobs”], Jacobs moved to compel

2

arbitration. In this appeal, we consider whether Jacobs waived its arbitration rights by substantially invoking the judicial process. We... More...
   $0 (07-11-2013 - TX)

CMA-CGM (America), INC v. Empire Truck Lines, INC

Appellant CMA-CGM (America) Inc. appeals the trial court’s final summary judgment order. We affirm.

BACKGROUND

In October of 2003, while Hector Aguirre (a Texas resident) was working as an independent truck driver for appellee Empire Truck Lines, Inc. (a Texas corporation), he was directed by Empire to transport cargo from Longview, Texas to the Port of Houston. At the Port, he... More...
   $0 (07-09-2013 - TX)

Forged Components, Inc. v. Ricky Guzman

This is a case about competing arbitration agreements. Appellee, Ricky Guzman, sued his employer, Forged Components, Inc. (FCI), for negligence after he suffered an on-the-job injury. The trial court denied FCI’s motion to compel

2

arbitration under an arbitration provision in FCI’s Occupational Disease and Injury Employee Welfare Benefit Plan (Plan), which Guzman signed befo... More...
   $0 (06-25-2013 - TX)

Texas Echo Land and Cattle, LLP v. General Steel Domestic Sales, LLC d/b/a General Steel Corporation

Appellant Texas Echo Land and Cattle, LLP appeals the trial court‘s order granting Appellee General Steel Domestic Sales, LLC d/b/a General Steel Corporation‘s motion to compel arbitration.2 We will affirm.

______________________

1See Tex. R. App. P. 47.4.

2Because, as we explain later, the Federal Arbitration Act (FAA) governs the arbitration agreement at issue in this ca... More...
   $0 (06-20-2013 - TX)

Dunham Engineering, Incorporated v. The Sherwin-Williams Company

In this interlocutory appeal, Dunham Engineering, Inc. (DEI) appeals the trial court’s denial of its motion to dismiss the Sherwin-Williams Co.’s (Sherwin-Williams) claims of intentional interference with prospective business relationships, business disparagement, and product disparagement based on DEI’s actions in connection with a municipal water tower project. In three issues, DEI argues ... More...   $0 (05-30-2013 - TX)

G. T. LEACH BUILDERS, L. L. C., ET AL. v. SAPPHIRE VP, LP

This is an interlocutory appeal challenging the trial court’s denial of appellants’ motions to compel arbitration. Appellee, Sapphire, V.P., L.P. sued appellants for breach of contract and negligence for damage to its condominium complex caused by Hurricane Dolly. The appellants include: (1) the architectural firm that designed the

2

condominium complex, ZCA Residential, LLC (“... More...
   $0 (05-23-2013 - TX)

Rick D. Baty v. Bowen, Miclette & Britt, Inc., Samuel F. Bowen, David G. Miclette, and Edward G. Britt, Jr.,

A former employee and shareholder of a corporation appeals a judgment confirming an arbitration award regarding claims between him, on one side, and the corporation and three shareholders, on the other side. The trial court had compelled the former employee and shareholder to arbitrate his claims pursuant to an arbitration provision in a shareholders’ agreement. On appeal, the former

2More...
   $0 (05-23-2013 - TX)

Elite Door & Trim, Inc. v. Deidree Tapia d/b/a Tapia Construction

Appellant Elite Door & Trim, Inc. (Elite) sued appellee Deidree Tapia d/b/a Tapia Construction (Tapia) in connection with Tapia’s work on a construction project, asserting multiple causes of action including breach of contract and negligence. Tapia did not answer and Elite sought a default judgment. The trial court heard evidence of Elite’s damages and signed a take-nothing judgment against El... More...   $0 (05-22-2013 - TX)

Michael Gray v. City of Galveston, Texas

Michael Gray sued the City of Galveston claiming a violation of the Texas Whistleblower Act. The Act waives governmental immunity if a governmental entity takes adverse personnel action against a public employee who in good faith reports to an appropriate law enforcement authority a violation of law by another public employee. See TEX. GOV‘T CODE ANN. §§ 554.002, 554.0035 (West 2012). The City... More...   $0 (05-21-2013 - TX)

Marcus Hiles v. Arnie & Company, P.C.

We originally issued our opinion affirming the trial court’s judgment on March 14, 2013. Appellant Marcus Hiles filed a motion for rehearing. We deny the motion for rehearing, vacate our earlier judgment, withdraw our previous opinion, and issue this substitute opinion in its place. The disposition of the case remains unchanged. Hiles appeals from a trial-court judgment incorporating a jury verd... More...   $0 (04-25-2013 - TX)

C.H. Canada v. W.R. Canada, Jr.

In 2011, Appellant C.H. Canada (Carol) filed a bill of review challenging an agreed divorce decree that was signed on May 18, 2000. The trial court granted a combined traditional and no-evidence motion for summary judgment filed by W.R. Canada, Jr. (Ralph). Carol perfected an appeal, raising eleven issues challenging the summary judgment. We will affirm.

The trial court also found that Caro... More...
   $0 (04-25-2013 - TX)

The Estate of Tyler D. Todd v. International Bank of Commerce

Appellant, the estate of Tyler Todd (“Todd”), challenges the trial court’s rendition of summary judgment in favor of appellee, International Bank of Commerce (“IBC”), in IBC’s suit against him for breach of a guaranty agreement

2

and attorney’s fees. In three issues, Todd contends that the trial court erred in granting IBC summary judgment.

We reverse and remand.... More...
   $0 (04-18-2013 - TX)

Phytel, Inc. v. James Neil Smiley

Phytel, Inc. filed this interlocutory appeal from the trial court’s order denying Phytel’ s motion to compel arbitration. We conclude that the trial court erred by denying the motion. We issue this memorandLirn opinion pursuant to Texas Rule of Appellate Procedure 47.4 because the law to be applied in the case is well settled. We reverse the trial court’s order and render judgment granting P... More...   $0 (04-05-2013 - TX)

 
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