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Texas Arbitration Law
 

Ace Cash Express, Inc. v. Courtney Cox

Cox was employed by ACE as a “Center Manager.” As part of her “new-hire
paperwork,” Cox signed an arbitration agreement dated February 7, 2012.1 The agreement stated
in a footnote that “[t]his Arbitration Agreement is effective December 1, 2011, and it replaces or
modifies, as applicable, any previous dispute resolution agreements or arbitration agreements in
effect prior to De... More...
   $0 (10-02-2016 - TX)

Pondersosa Pine Energy, LLC, Nixon Peabody, LLP, and Shannon, Gracey, Ratliff & Miller, LLP v. Illinova Generating Company n/k/a Illinova Corporation

Illinova and other entities (the Sellers) sold their interests in a power plant to Enron North
America Corp. pursuant to a Purchase Agreement. Enron subsequently assigned its rights under
the Purchase Agreement to Ponderosa. Ponderosa borrowed over $200 million from eight banks
to finance the purchase.
When a dispute arose between Ponderosa and the Sellers, Ponderosa invoked... More...
   $0 (07-19-2016 - TX)

RSL FUNDING, LLC v. CHEVEZE D. PIPPINS, DANIEL P. MORRIS, DONNA M. O'BRIEN, METROPOLITAN LIFE INSURANCE COMPANY, METLIFE INSURANCE COMPANY OF CONNECTICUT AND METLIFE INVESTORS USA INSURANCE CO.

The trial court and appellate decisions underlying this interlocutory appeal predate, but
implicate, our decision in Kennedy Hodges, L.L.P. v. Gobellan, 433 S.W.3d 542 (Tex. 2014). There
we said that “a party who litigate[s] one claim with an opponent d[oes] not substantially invoke the
litigation process for a related yet distinct claim against another party with whom it had an arbit... More...
   $0 (07-02-2016 - TX)

The City of Lubbock, Texas v. Lazaro Walck

Appellee Lazaro Walck filed a Whistleblower Act1 suit against his employer, the City of Lubbock. When the trial court denied the City’s plea to the jurisdiction, the City brought this interlocutory appeal.2 We will reverse and render in part, vacate and dismiss in part, and otherwise affirm the order of the trial court.
1 The Texas Whistleblower Act is contained in chapter 554 of the Texas Gov... More...
   $0 (11-16-2015 - TX)

Creative Artists Agency, LLC, Twisted Roads Touring, LLC, 4FINI, Inc., Brett Saliba, Sarah Siquieros F/K/A Sarah Baer, and Kevin Lyman v. Las Palmas Race Park, LLC Las Palmas Downs, Inc. and Front Porch Entertainment

Appellants, Creative Artists Agency, LLC, Twisted Roads Touring, LLC, 4FINI, Inc., Brett Saliba, Sarah Baer, and Kevin Lyman (collectively “Creative Artists”) appeal from the trial court’s denial of their motion to compel arbitration with appellees, Las Palmas Race Park, LLC, Las Palmas Downs, Inc., and Front Porch Entertainment, Inc. (collectively “Las Palmas”). By their first issue, appellants c... More...   $0 (10-29-2015 - TX)

Sandra Saks, Lee Nick McFadin, III, and Margaret Landen Saks v. Broadway Coffeehouse LLC

This is the second appeal this court has considered involving: (1) the real property located at 5321 Broadway (“Property”); and (2) 5321 Broadway Partners, the Texas general partnership which owns equitable title to the Property (“Partnership”).
The first appeal addressed a challenge to a judgment entered in a probate proceeding confirming an arbitration award. The arbitration award resolved a... More...
   $0 (10-28-2015 - TX)

Parallel Networks, LLC v. Jenner & Block LLP

On August 27, 2015, we withdrew our opinion and vacated our judgment in this case.
The following is now the opinion of the Court.
Parallel Networks, LLC1 appeals the trial court’s judgment confirming an arbitration
award under the Federal Arbitration Act (FAA) in favor of Jenner & Block, LLP. In four issues,
Parallel argues the trial court erred in confirming an arbitration award t... More...
   $0 (10-09-2015 - TX)

Ricardo Martinez, M.D. and Alberto Pena, M.D. v. Maria Gonzales, et al.

This interlocutory appeal brought by appellants Ricardo Martinez, M.D. and Alberto Peńa, M.D. asks us to determine whether the trial court abused its discretion in denying Martinez and Peńa’s respective motions to dismiss under section 74.351 of the civil practice and remedies code. See TEX. CIV. PRAC. REM. CODE ANN. § 74.351 (West,
2
Westlaw through Ch. 46, 2015 R.S.). We affirm.
I. B... More...
   $0 (09-17-2015 - TX)

In the Interest of C.C., M.C., L.O., and H.P., Children

Haley P. and Nick C. appeal from a final order terminating their parental rights to their four children. They assert three issues to justify reversal of the decree. The first two involve the admission of an investigative report while the third concerns the trial court’s decision to receive the testimony of a previously undesignated expert witness. We affirm the order of termination.
Admission ... More...
   $0 (09-01-2015 - TX)

Specialty Select Care Center of San Antonio LLC d/b/a Casa Rio Healthcare and Rehabilitation v. Jose Flores, as next friend of Julie Flores

This is an appeal of a trial court’s order denying a motion to compel arbitration filed by Specialty Select Care Center of San Antonio, LLC d/b/a Casa Rio Healthcare and Rehabilitation. After the parties’ briefs were filed, this court abated this appeal pending the Texas Supreme Court’s decisions in three appeals from this court. See Williamsburg Care Co. L.P. v. Acosta, 406 S.W.3d 711 (Tex. App.—... More...   $0 (09-02-2015 - TX)

Ricardo Martinez, M.D. and Alberto Pena, M.D. v. Maria Gonzales, et al.

This interlocutory appeal brought by appellants Ricardo Martinez, M.D. and Alberto Peńa, M.D. asks us to determine whether the trial court abused its discretion in denying Martinez and Peńa’s respective motions to dismiss under section 74.351 of the civil practice and remedies code. See TEX. CIV. PRAC. REM. CODE ANN. § 74.351 (West,
2
Westlaw through Ch. 46, 2015 R.S.). We affirm.
I. B... More...
   $0 (09-17-2015 - TX)

Jeffery J. Sheldon v. PINTO TECHNOLOGY VENTURES, L.P.

Two shareholders of a corporation filed suit seeking redress related to a
series of transactions allegedly orchestrated by various parties. The shareholders
claim the transactions diluted their respective stock interests in the corporation.
2
All defendants moved to dismiss the claims based on a Delaware forum-selection
clause contained in certain amended and restated versions ... More...
   $0 (09-10-2015 - TX)

Roger D. Burks v. XL Specialty Insurance Company

Appellant Roger D. Burks was the chief financial officer of Superior
Offshore International, Inc., which had obtained a directors and officers (D&O)
insurance policy from appellee XL Specialty Insurance Company. Superior
Offshore ultimately reorganized through a Chapter 11 bankruptcy, and the plan
agent sought to recover property that the company transferred to Burks and to
avo... More...
   $0 (09-15-2015 - TX)

Michael Morford d/b/a Nemaha Water Services, et al v. Esposito Securities, LLC

This is an appeal from an order denying Nemaha’s1 motion to compel arbitration before the Financial Industry National Regulatory Authority (FINRA) and granting Esposito Securities, LLC’s motion to compel arbitration before the American Arbitration Association (AAA). In a single issue, Nemaha argues the trial court erred by concluding Nemaha was not a customer
1 Appellants are Michael Morford, ... More...
   $0 (09-18-2015 - TX)

Ricky D. Parker and James Myers v. Schlumberger Technology Corporation

Schlumberger Technology Corporation (“STC”) sued Ricky Parker and James Myers, respectively, the owner and the lead employee of a company STC had purchased, seeking to enforce their covenants not to compete and to recover damages based on related alleged torts. Relying on an arbitration provision
2
contained in STC’s asset purchase agreement for the company, Parker and Myers moved to compe... More...
   $0 (09-17-2015 - TX)

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)

 
 
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