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Texas Arbitration Law
 
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)

William Bush and Mari Marc S.A. de C.V. v. Cardtronics, Inc. and Cardtronics S.A. de C.V.

Appellant William Bush1 challenges the trial court’s judgment granting appellees Cardtronics, Inc. (“Cardtronics USA”) and Cardtronics Mexico, S.A. de

2

C.V.’s motion to dismiss based on a forum selection clause. In four issues, Bush argues that the forum selection clause does not govern because (1) Bush performed under an earlier contract; (2) the latter contract did not rep... More...
   $0 (06-19-2014 - TX)

JJJJ Walker, LLC; Dynafab USA, LLC; Renaissance Properties of Texas, LLC; Priya Properties, LLC; BD Texas, LLC; and KW Hospital Acquisition, LLC v. Eric Yollick

In this fraud case, the plaintiffs prevailed in their claims against a bank, the bank’s corporate agent, and the bank’s attorney, but the trial court granted judgment notwithstanding the verdict on the claim against the bank’s attorney on the ground that no evidence supported the liability finding. In arguments that we treat as cross-points, the attorney argues that the economic-loss rule an... More...   $0 (06-05-2014 - TX)

Victor S. Elgohary v. Herrera Partners, L.P.

In this appeal from the denial of a post-judgment turnover order, we consider whether (1) the trial court’s order is final and appealable, and (2) the trial court

2

erred in denying appellant’s request that certain property be turned over to a receiver appointed to collect a judgment on his behalf. We affirm.

BACKGROUND

The Underlying Suit

In 2006, Elgohary a... More...
   $0 (06-05-2014 - TX)

PAK Foods Houston, LLC v. Marissa Garcia, Individually and as Next Friend of S.L.,, a Minor

PAK Foods Houston, LLC 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 by 9 U.S.C. § 16). PAK Foods argues the... More...   $0 (05-22-2014 - TX)

Temporary Alternatives, Inc. d/b/a dmDickason Personnel Services of El Paso v. Misti K. Jamrowski

Appellant Temporary Alternatives, Inc., d/b/a dmDickason Personnel Services of El Paso (“dmDickason” or “Appellant”), seeks interlocutory review of the trial court’s denial of its motion to stay proceedings and compel arbitration against a former employee who filed suit in district court. In two issues, Appellant contends that an arbitration agreement it entered into with Appellee Misti ... More...   $0 (05-21-2014 - TX)

Kenny Schuette v. Cory Coltharp and Tamie Coltharp

This is an interlocutory appeal, brought pursuant to the provisions of the Texas Civil Practice and Remedies Code, from the denial of a Plea in Abatement. See TEX. CIV. PRAC. & REM. CODE ANN. § 171.098 (West 2011). In the underlying lawsuit the Appellees, Cory Coltharp and Tamie Coltharp, sued Appellant, Kenny Schuette, for breach of a written contract. Appellant sought the dismissal of that laws... More...   $0 (05-21-2014 - TX)

Tuscan Builders, LP v. 1437 SH6 L.L.C. d/b/a Sweetwater Aesthetic Spa & Wellness Center, Shelena C. Lalji, M.D., P.A. d/b/a Dr. Shel Wellness & Medical Spa and Lalji Dental, P.C. d/b/a Lake Pointe Dental and Specialty

In this construction dispute, a builder appeals the trial court’s order denying its motion to compel arbitration against the building’s owners. The builder contends that the trial court erred in finding that the builder had waived enforcement of an arbitration clause by invoking the judicial process and delaying its effort to compel arbitration for more than a year. Finding no error, we affirm... More...   $0 (05-15-2014 - TX)

Nerium International, LLC v. Sunny Kum Sun and Rium, LLC

Appellant Nerium International, LLC appeals the trial court’s order granting appellees’ Sunny Kum Sun and Rium, LLC’s special appearance. In three issues, Nerium contends the trial court erred in concluding it lacked jurisdiction over appellees because (1) appellees entered into a contract with a Texas resident that was performable in whole or in part in Texas, (2) the contract contained a f... More...   $0 (05-02-2014 - TX)

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)

 
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