| ARBITRATION LAW TERMINOLOGY: | contractual arbitration | arbitration clauses | arbitration award | arbitration agreement | statutory arbitration | signatories and nonsignatories to arbitration agreements | third-party beneficiary | direct benefits estoppel | motion to compel arbitration | suit or application to confirm arbitration award | petition to set aside or vacate arbitration award | enforceability of arbitration agreement | Texas Arbitration Act (TAA) | Applicability of the Federal Arbitration Act (FAA) | FAA preemption argument | Does the TAA or the FAA apply? | waiver of right to arbitrate | Arbitration Association | arbitration awards | mandamus relief | interlocutory appeal pertaining to arbitration demands, denial of motion to compel | defense of absence of valid contractual arbitration agreement | gateway issues to determine whether arbitration should be compelled | suit, motion to vacate arbitration award | grounds for vacature | RECENT CASES FROM THE FIRST AND FOURTEENTH COURT OF APPEALS Lindley v. FIA Card Services, N.A. f/k/a MBNA America Bank, N.A. (Tex.App.- Houston [1st Dist.] Feb. 18, 2010)(Higley) (restricted appeal, amount of judgment confirming arbitration award varied from arbitration award, no evidence supporting downward modification of amount) REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Chief Justice Radack, Justices Alcala and Higley 01-09-00323-CV John R. Lindley v. FIA Card Service, N. A. fka MBNA America Bank, N. A. Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Hon. Linda Storey In Interest of E.B.L. et al (Tex.App.- Houston [14th Dist.] Sep. 29, 2009)(Seymore) (family court mediation and arbitration, numerous challenges to arbitration and arbitrator's decision, dual role of mediator and arbitrator, attempted recusal of arbitrator, consideration of family violence, appropriateness of mediation) AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Seymore and Sullivan 14-06-01095-CV In the Interest of E.B.L.G, H.L.L.G, and N.L.G. Appeal from 257th District Court of Harris County Trial Court Judge: Judy L. Warne Credigy Receivables, Inc v. Mahinay (Tex.App.- Houston [14th Dist.] Jun. 30, 2009 (op. by Guzman) (county court had jurisdiction over suit to confirm arbitration award regardless of whether TAA or FAA applied)(dismissal reversed) REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Sullivan 14-07-01091-CV Credigy Receivables, Inc v. Alexander R. Mahinay Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle Arb Award under FAA may be confirmed in county court at law: FIA Card Services, NA f/k/a MBNA America Bank, NA v. Horn (Tex.App.- Houston [14th Dist.] Jun. 23, 2009)(Frost)(suit to confirm arb award under FAA permitted in county court at law, invocation of FAA not jurisdictionally barred) Decision: TRIAL COURT'S ORDER OF DISMISSAL REVERSED AND CASE REMANDED: Opinion by Justice Frost Panel members: Justices Frost, Brown and Boyce 14-08-00024-CV FIA Card Services, N.A. fka MBNA America Bank, N.A. v. Valicia M. Horn Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle FIA Card Srv's v. Sweet (Tex.App.- Houston [14th Dist.] Jun. 23, 2009)(Frost) (card issuer may seek confirmation of arbitration award entered under FAA in state (county) court) Decision: TRIAL COURT REVERSED AND CASE REMANDED: Opinion by Justice Frost Panel members: Justices Frost, Brown and Boyce 14-08-00111-CV FIA Card Services, Et Al v. Gregory R. Sweet Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle Fogal v. Stature Construction, Inc. (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. by Alcala)(improper modification of arbitration award, adding of post-judgment interest, interest deleted, otherwise confirmation of arb award was proper) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-07-00456-CV Mary Fogal and Robert Fogal v. Stature Construction, Inc., Jorge Casimiro, Tom Thibodeau and Bernie Kane Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull County Court at Law had jurisdiction to confirm award entered under Federal Arbitration Act (FAA) Palisades Acquisition XVI, LLC v. Chatman (Tex.App.- Houston [14th Dist.] Jun. 16, 2009)(Frost) (suit to confirm arbitration award under FAA erroneously dismissed by trial court, jurisdiction of county civil courts at law in Harris County) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Frost, Brown and Boyce 14-08-00108-CV Palisades Acquisition XVI, LLC v. Howard Chatman Attorney for Appellant: Michael J. Adams Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle AllStyle Coil Co, LP v. Correon (Tex.App.- Houston [1st Dist.] May 7, 2009)(Sharp) (arbitration confirmation suit FAA, vacature denied, grounds to vacate)(worker wins in arbitration, award confirmed) AFFIRM TC JUDGMENT: Opinion by Justice Jim Sharp Before Justices Taft, Bland and Sharp 01-07-00790-CV AllStyle Coil Company, L.P. v. Roberto Carreon Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Symetra National Lif Ins. Co. v Rapid Settlements, Ltd. (Tex.App.- Houston [14th Dist.] Apr. 21, 2009)(Hedges) (arbitration award vacated as violation of public policy, transfer of structured settlement payments) REVERSED AND RENDERED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00880-CV Symetra National Life Insurance Company and Symetra Life Insurance Company v. Rapid Settlements, LTD Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle TransAmerica Occidental Life Ins. Co. v. Rapid Settlements (Tex.App.- Houston [1st Dist.] Dec. 18, 2008)(Bland)(arbitration, no agreement to arbitrate, nonsignatories)(superseding substitute opinion) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00137-CV TransAmerica Occidental Life Insurance Company and TransAmerica Annuity Service Corporation v. Rapid Settlements Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle TransAmerica Occidental Life Insurance Company v. Rapid Settlements (Tex.App.- Houston [1st Dist.] July 3, 2008)(Bland) (confirmation of arbitration award against nonparty was error)(superseded opinion) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00137-CV TransAmerica Occidental Life Insurance Company and TransAmerica Annuity Service Corporation v. Rapid Settlements Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle TransAmerica Occidental Life Insurance Company v. Rapid Settlements (Tex.App.- Houston [1st Dist.] July 3, 2008)(Bland) (restricted appeal, order confirming arbitration award) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00195-CV Transamerica Occidental Life Insurance Company and Transamerica Annuity Service Corporation v. Rapid Settlements, Ltd. Appeal from County Civil Court at Law No 2 [?] of Harris County Trial Court Judge: Hon. Jack Cagle Melendez v. De Lemos (Tex.App. - Houston [1st Dist.] May 22, 2008)(Radack) (construction law, summary judgment, arbitration) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Bland 01-07-00115-CV Roberto Melendez v. David and Helen De Lemos Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke, Jr. Attorneys: William M. Walls, William B. Westcott, David D. Peden Nancy Hahn Elliott Mason v. Mason (Tex.App. Houston [14th Dist.] May 15, 2008)(per curiam) (family court arbitration, no interlocutory appeal of motion to confirm arbitration award in family law case) DISMISSED: Per Curiam 14-07-00991-CV Jason S. Mason v. Patricia A. Mason Appeal from 308th District Court of Harris County Trial Court Judge: Judge Georgia Dempster Llorance v. Sohi (Tex.App.- Houston [1st Dist.] Apr. 17, 2008)(Higley) (family law SAPCR modification, default arbitration order affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Hanks and Higley 01-07-00840-CV Leezet Llorance v. Farhad Safavi Sohi Appeal from 257th District Court of Harris County Trial Court Judge: The Honorable Judy L. Warne Engineer v. Engineer (Tex.App.- Houston [14th Dist.] Mar. 20, 2008)(subst. opinion by Seymore) (mediated settlement agreement) (decree did not vary from, but gave effect to MSA and arbitration award) AFFIRMED: Opinion by Justice Seymore 14-06-01099-CV Katy Engineer v. Mike Engineer Appeal from 387th District Court of Fort Bend County Trial court judge: Hon. Robert J. Kern Engineer v. Engineer No. 14-06-01099-CV Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Superseded Opinion by Seymore) (family law arbitration, divorce, property division, mediated settlement agreement, arbitration award) AFFIRMED: Opinion by Justice Seymore Katy Engineer v. Mike Engineer Appeal from 387th District Court of Fort Bend County (Judge Robert J. Kern) Dixon Financial Services, Ltd. v. Greenberg, Peden Siegmyer & Oshman, PC (Tex.App.- Houston [1st Dist.] Nov. 15, 2007)(Higley)(arbitration award, severance) AFFIRM TC JUDGMENT: Opinion by Justice Higley 01-06-00696-CV Dixon Financial Services Ltd., and Hyperdynamics Corporation v. Greenberg, Peden, Siegmyer & Oshman, P.C., Gerald Siegmyer, Ron Bearden, and R. F. Bearden Associates, Inc. Appeal from 215th District Court of Harris County (Hon. Levi J. Benton) Can order denying confirmation of award be challenged in interlocutory appeal? In Re Thrivent Financial for Lutherans (Tex.App.- Houston [1st Dist.] Nov. 1, 2007)(Higley)(motion to confirm arbitration award denied, order for rehearing by different arbiter, no interlocutory appeal jurisdiction) suit to confirm arbitration award, due process, notice, securities) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Higley 01-07-00484-CV In re Thrivent Financial For Lutherans Appeal from County Court at Law of Austin County (Hon. June Jackson) Court of Appeals Enforces Arbitration in Homeowners' Suit over Contaminated Land TMI, Inc. v. Brooks, 225 S.W.3d 783 )Tex. App.- Houston [14th Dist] May 10, 2007) TMI, Inc v. Brooks (Tex.App.- Houston [14th Dist.] May 10, 2007)(Anderson) (arbitration) (subst. opinion) (homeowner case law, arbitration) Alleging their homesites had been environmentally contaminated, the homeowners sued Trendmaker and other entities for failing to disclose the former presence of oil and gas operations on the property.[1] Trendmaker moved to compel arbitration pursuant to an arbitration provision in the purchase agreements signed by the homeowners. Concluding the arbitration provision was procedurally and substantively unconscionable, the trial court denied Trendmaker]s motion. . . . Because we determine the homeowners' claims fall within the scope of the arbitration agreement and they have not established their unconscionability defense, we reverse the trial court.s May 13, 2005 order. We remand this case for further proceedings consistent with this opinion. Mathews v. USA Employment LLC (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley)(employment, arbitration) In Re Rapid Settlements, Ltd. (Tex.App.- Houston [14th Dist.] Mar. 29, 2007)(per curiam denial)(arbitration, mandamus) Confirmation of arbitration award affirmed on appeal - court rejects lack of proper notice argument Tan v. Lee (Tex.App.- Houston [14th Dist.] Feb. 27, 2007)(Hedges)(arbitration, securities fraud, motion to confirm arbitration award, arbitration award confirmed; lack of notice, rebuttable presumption of notice argument and due process challenges rejected) AFFIRMED: Opinion by Chief Justice Hedges 14-06-00319-CV Ying Chun Tan v. Hung Pin Lee Appeal from 55th District Court of Harris County (Hon. Jeff Brown) Sydow v. Verner, Liipfert, Bernhard, McPherson and Hand, Chartered, 218 S.W.3d 162 (Tex.App. - Houston [14th Dist .] Jan. 25, 2007) Sydow v. Verner, Liipfert, Bernhard, McPerson and Hand, No. 14-05-00877-CV (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(Hedges) (arbitration law, confirmation of arbitration award) AFFIRMED: Opinion by Chief Justice Hedges 14-05-00877-CV Michael D. Sydow v. Verner, Liipfert, Bernhard, McPherson and Hand, Chartered Appeal from 55th District Court of Harris County (Judge Jeff Brown) |
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