TERMINOLOGY: | contractual arbitration | arbitration clauses | arbitration award | arbitration agreement | statutory arbitration |
signatories and
nonsignatories to arbitration agreements | third-party beneficiaries & direct benefits estoppel | motion to compel
arbitration |
suit or application to confirm arbitration award | grounds for petition to set aside or vacate arbitration award | enforceability
of arbitration agreement | Texas Arbitration Act (TAA) |
Federal Arbitration Act (FAA) | grounds for vacature of arb award under the FAA |
waiver of right to arbitrate | Arbitration Association | arbitration awards | Arbitration mandamus when moton to compel is denied |
interlocutory appeal |

Texas Supreme Court takes victory away from consumers who prevailed in arbitration
Perry Homes v. Cull, No. 05-0882 (Tex. May 2, 2008)(Opinion by Scott A. Brister)
(
arbitration award to consumers set aside by Texas Supreme Court on waiver theory)
Justice O'Neill delivered a concurring opinion in Perry Homes vs. Cull.
Justice
Johnson wrote an opinion concurring and dissenting in part, which was joined by Chief Justice Jefferson
and Justice Green
Justice
Willett delivered a separate opinion in Perry Homes v. Culls

In Re CitiGroup Global Markets, Inc., No. 06-0886 (Tex. May 16, 2008)(per curiam)
(arbitration compelled,
no waiver of right to arbitrate found)

No interlocutory appeal of order denying confirmation of arbitration award and directing rehearing

RECENT CASES FROM THE FIRST AND FOURTEENTH COURT OF APPEALS

Aeternia Enterprises, U.S.A., Ltd. v. Magnitogorsk Steel and Wire Works (pdf) (Tex.App.- Houston [1st Dist.] Jan. 7,
2009)(Opinion on motion for rehearing by Higley)(suit dismissed in deference to arbitration, preclusive effect of
arbitration in foreign jurisdiction that has already taken place, arbitration not compelled in Texas; dismissal of suit
affirmed on appeal, not all grounds for dismissal challenged on appeal)  
AFFIRM TC JUDGMENT: Opinion by Justice Higley     
Before Justices Jennings, Higley and Sharp   
01-05-00964-CV  Aeternia Enterprises, U.S.A., Ltd. v. Magnitogorsk Steel and Wire Works
Appeal from 133rd District Court of Harris County
Trial Court Judge:
Hon. Lamar McCorkle

BHP Billiton Petroleum (Americas), Inc. v. Atlantia Offshore Ltd. (pdf) (Tex. App.- Houston [1st Dist.] Dec. 4, 2009)
(Jennings) (arbitration dispute,
interlocutory appeal)
DISMISS APPEAL: Opinion by
Justice Terry Jennings  
Before Justices Jennings, Higley and Sharp
01-09-00509-CV     BHP Billiton Petroleum, (Americas) Inc. v. Atlantia Offshore Limited
Appeal from 215th District Court of Harris County
Trial Court Judge:  
Hon. Steven E. Kirkland

In Re BHP BIlliton Petroleum (Americas) Inc. (pdf) (Tex.App. - Houston [1st Dist.] Dec. 4, 2009)(Jennings)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by
Justice Jennings  (arbitration mandamus denied)
Before Justices Jennings, Higley and Sharp
01-09-00647-CV  In re BHP Billiton Petroleum (Americas) Inc.
Appeal from
215th District Court of Harris County   

In re Houston Auto M. Importers North, Ltd. (pdf) (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Radack)  
(
Mandamus granted re: order denying motion to compel arbitration)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by
Chief Justice Radack  
Before Chief Justice Radack, Justices Bland and Massengale    
01-09-00625-CV  In re Houston Auto M. Importers North, LTD. D/B/A Mercedes-Benz of Houston North    Appeal
from 133rd District Court of Harris County
Trial Court Judge:
Jaclanel M. McFarland

Stewart & Stevenson, L.L.C. v. Galveston Party Boats, Inc. (Tex.App.- Houston [1st Dist.] Nov. 5,2009)(Keyes)
(
consolidated interlocutory appeal and petition for writ of mandamus challenging the trial court’s order denying a
motion to compel arbitration)(court of appeals dismisses the interlocutory appeal for lack of jurisdiction and denies
the petition for writ of mandamus) (
no valid underlying agreement to arbitrate dispute) (FAA vs. TAA)
DISMISS APPEAL: Opinion by
Justice Keyes      
Before Justices Keyes, Hanks and Bland    
01-09-00030-CV  Stewart & Stevenson, L.L.C., and MTU Detroit Diesel, Inc. v. Galveston Party Boats, Inc., and
Boat Service of Galveston    
Appeal from 405th District Court of Galveston County
Trial Court Judge:  Hon. Wayne J. Mallia  

In Re GeoMet, Inc. (Tex.App.- Houston [14th Dist.] Oct. 22, 2009)(per curiam)
(
arbitration mandamus denied, no agreement to arbitrate established)
MOTION OR WRIT DENIED: Per Curiam    
Before Chief Justice Hedges, Justices Seymore and Sullivan  
14-09-00685-CV  In Re Gomet, Inc.   
Appeal from 151st District Court of Harris County
Trial Court Judge:
Mike Engelhart

In Re Weeks Marine, Inc. (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Anderson)
(
ratification of agreement to arbitrate by acceptance of benefits)(arbitration compelled by mandamus)
MOTION OR WRIT GRANTED: Opinion by
Justice Anderson      
Before Justices Anderson, Guzman and Boyce  
14-09-00580-CV In Re: Weeks Marine, Inc   
Appeal from 215th District Court of Harris County
Trial Court Judge:
Steven Kirkland  

Chambers v. O'Quinn (Tex.App.- Houston [14th Dist.] Oct. 1, 2009)(Opinion by Taft on remand from Texas
Supreme Court; see
Chambers v. O'Quinn, 242 S.W.3d 30, 31 (Tex. 2007)
(right to arbitration of attorney-client / legal malpractice dispute not waived, conflict in underlying arbitration
agreement as to
whether TGAA or FAA applies resolved in favor of Texas Arbitration Act, arbitration of legal
malpractice claims)
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Justice Tim Taft   
Before Justices Taft, Keyes and Hanks   
01-04-01029-CV  Bob Chambers, et al. v. John M. O'Quinn, individually d/b/a O'Quinn & Laminack, and John M.
O'Quinn, P.C.   
Appeal from 61st District Court of Harris County
Trial Court Judge:
Hon. John Donovan

In Re Bashaw & Co. (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Keyes)(arbitration, direct benefits estoppel)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by
Justice Keyes   
Before Justices Keyes, Hanks and Bland  
01-08-00803-CV  In re James E. Bashaw & Co.   
Appeal from 133rd District Court of Harris County
Trial Court Judges:
Lamar McCorkle | Jaclanel McFarland   

In re Halliburton Co. (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)(Sharp) (arbitration mandamus)
(
FAA: trial court should have granted motion to compel arbitration in employment dispute)     
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by
Justice Sharp     
Before Chief Justice Radack, Justices Taft and Sharp   
01-09-00150-CV In re Halliburton Company   
Appeal from 133rd District Court of Harris County
Trial Court Judge:
Jaclanel M. McFarland   

Aeternia Enterprises, U.S.A., v. Magnitogorsk Steel and Wire Works (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)
(Op. by Higley)(
order compelling arbitration is not an appealable judgment, DWOJ)
DISMISS APPEAL: Opinion by
Justice Higley    
Before Justices Jennings, Alcala and Higley  
01-05-00964-CV  Aeternia Enterprises, U.S.A., Ltd. v. Magnitogorsk Steel and Wire Works    
Appeal from
133rd District Court of Harris County
Trial Court Judge: Hon. Lamar McCorkle

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)
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    

In re Devon Energy Corp (Tex.App.- Houston [1st Dist.] Jun. 8, 2009)(Jennings)
(
arbitration mandamus granted, parallel arbitration proceeding, litigation stay imposed, nonsignatories)
GRANT PETITION FOR WRIT OF MANDAMUS:   Opinion by
Justice Terry Jennings
01-09-00174-CV  In re Devon Energy Corporation, Devon Energy International, Ltd. and Texneft, Inc.
Appeal from 165th District Court of Harris County  
Trial Court
Judge: The Honorable Josefina Rendon  

Okorafor v. Uncle Sam & Associates, Inc. (Tex.App.- Houston [1st Dist.] Apr. 23, 2009)(Radack)
(
arbitration not compelled, waiver issue raised), preemption issue FAA vs. state TGAA)
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Chief Justice Radack     
Before Chief Justice Radack, Justices Nuchia and Higley   
01-07-00908-CV   Elizabeth Okorafor v. Uncle Sam & Associates, Inc.   
Appeal from 400th District Court of Ft. Bend County
Trial Court Judge:  Hon Clifford J. Vacek

Bradt v. MBNA America, N.A. (Tex. App. – Houston [14th Dist.] Mar. 12, 2009)(per curiam dimissal)
(
trial court order compelling arbitration not appealable)
DISMISSED: Per Curiam  
Before Justices Brock Yates, Guzman and Sullivan
14-08-01172-CV L.T. Bradt and Joseph Rothstein v. MBNA America, N.A.
Appeal from 240th District Court of Fort Bend County
Trial Court Judge: Thomas Ralph Culver  

Moore v. Verizon Wireless (Tex.App.- Houston [14th Dist.] Feb. 29, 2009)(per curiam) (ILA)
DISMISSED: Per Curiam  
Before Justices Frost, Brown and Boyce
14-08-01164-CV Walter Moore v. Verizon Wireless and Derrick Keys
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court Judge: Linda Storey
The Texas Arbitration Act allows interlocutory appeals solely from orders that deny arbitration.  See Tex. Civ. Prac.
& Rem. Code §171.098(a)(1), (2);
Chambers v. O'Quinn, 242 S.W.3d 30, 31 (Tex. 2007).

Stanford Dev. Corp. v. Stanford Condo Owners Ass'n (Tex.App.- Houston [1st Dist.] Jan 29, 2009)(Radack)
(
arbitration, non-signatory, condo association's standing to sue on behalf of members, bound by arb agreement)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Chief Justice Sherry Radack  
Before Chief Justice Radack, Justices Nuchia and Higley
01-08-00240-CV Stanford Development Corporation v. Stanford Condominium Owners Association
Appeal from 333rd District Court of Harris County
Trial Court
Judge: Hon. Joseph Halbach  

In re Stanford Dev. Corp. (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Radack)
(
arbitration agreement, nonsignatory to arbitration agreement contract provision)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by
Chief Justice Radack  
Before Chief Justice Radack, Justices Nuchia and Higley
01-08-00386-CV In re Stanford Development Corporation
Appeal from 333rd District Court of Harris County
Trial Court
Judge: Hon. Joseph J. Halbach, Jr.

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  

ODL Services, Inc. v. Conoco Phillips Co. (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Taft)
(arbitration,
whether FAA applies, arbitrability, motion to stay arbitration, challenge to findings of fact)
AFFIRM TC JUDGMENT: Opinion by Justice Taft  
Before Justices Taft, Jennings and Bland
01-08-00020-CV ODL Services , Inc. v. Conoco Phillips Company
Appeal from 295th District Court of Harris County
Trial Court
Judge: Hon. Tracy Christopher  

In Re Lawson (Tex.App.- Houston [14th Dist.] July 31, 2008)(Fowler)
(
arbitration mandamus granted)
MOTION OR WRIT GRANTED: Opinion by Justice Fowler  
Before Justices Fowler, Frost and Seymore
14-07-00429-CV  In Re: Donald Lawson, Individually and d/b/a V.I.P. Home Inspections and Mark Guillerman
Appeal from 165th District Court of Harris County
Trial Court
Judge: Elizabeth Ray
INTERLOCUTORY APPEAL in same case
DISMISSED: Opinion by Justice Fowler  
Before Justices Fowler, Frost and Seymore
14-07-00324-CV  
Donald Lawson, Individually and d/b/a V.I.P. Home Inspections and Mark Guillerman v. Larry
Archer and Wife Susan Archer--Appeal from 165th District Court of Harris County

Travelers Indemnity Co. v. Texas Municipal League (Tex.App.- Houston [1st Dist.] July 17, 2008)(Keyes)
(
disputes over arbitration) (no express agreement to arbitrate, motion to compel arbitration denied)
AFFIRM TC JUDGMENT: Opinion by
Justice Keyes
Before Chief Justice Radack, Justices Keyes and Higley
01-08-00062-CV Travelers Indemnity Company v. Texas Municipal League Joint Self-Insurance Fund, for itself and
as Subrogee of the City of Bunker Hill Village
Appeal from 125th District Court of Harris County
Trial Court
Judge: Hon. John Coselli  

In Re Bison Building Materials (Tex.App.- Houston [1st Dist.] June 26, 2008)(Radack) (opinion in pdf)
(
arbitration mandamus, employment, workplace injury, no waiver of right to arbitrate found)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Alcala and Bland
01-07-00003-CV        In re Bison Building Materials, Ltd.
Appeal from 212th District Court of Galveston County
Trial Court
Judge: Hon. Susan Elizabeth Criss

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

In re Jindal Saw Limited (Tex.App.- Houston [1st Dist.] May 22, 2008, pet. granted)(Alcala) (workplace safety,
occupational injury, worker's comp, nonsubscriber, arbitration, wrongful death, survival action) [See subsequent
Texas Sup. Ct. Opinion
: In Re Jindal Saw Limited, No. 08-0805 (Tex. Feb. 27, 2009)(per curiam) (mandamus)
(arbitration, non-signatories, wrongful death beneficiaries compelled to arbitrate, workplace death)]
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala   
Before Justices Taft, Keyes and Alcala
01-07-01068-CV In re Jindal Saw Limited, Jindal Enterprises LLC, and Saw Pipes USA
Appeal from
Probate Court No 1 of Harris County
Trial Court Judge: Hon. Russell Austin  
Attorneys:  Levi G McCathern II,  Jeffrey Christopher Wright |  
Attorney  Kurt B. Arnold,  Marvin B. Peterson, Micajah Daniel Boatright  

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  

In Re MHI Partnership, Ltd (Tex.App.- Houston [14th Dist.] Apr. 23, 2008)(Justice Bill Boyce)
(
arbitration mandamus, motion to compel arbitration, home construction, complaints about contamination)
MOTION OR WRIT GRANTED: Opinion by
Justice Boyce  
Before Chief Justice Hedges, Justices Anderson and Boyce
14-07-00851-CV In Re: MHI Partnership, Ltd.
Appeal from 11th District Court of Harris County
Trial Court Judge:
Mark Davidson

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  

Aspen Technology, Inc. v. Shasha (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Frost)
(interlocutory appeals dismissed,
arbitration mandamus granted)
DISMISSED: Opinion by Justice Frost
14-07-00303-CV Aspen Technology, Inc. v. Abe Shasha
Appeal from 165th District Court of Harris County
Trial Court Judge:
Hon. Elizabeth Ray

In re Aspen Technology, Inc. (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Frost)
(
arbitration mandamus granted)
MOTION OR WRIT GRANTED: Opinion by
Justice Frost
14-07-00469-CV In Re Aspen Technology, Inc.
Appeal from 165th District Court of Harris County
Trial Court Judge:
Judge Elizabeth Ray

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)

In Re Weeks Marine, Inc. (Tex.App.- Houston [14th Dist.] Dec. 19, / 20 2007)(Seymore)(arbitration mandamus)
GRANTED IN PART AND DENIED IN PART: Opinion by Justice Seymore
Appeal from 215th District Court of Harris County (
Hon. Levi James Benton)
The order denying arbitration cannot be sustained on any ground considered by the trial court.  Accordingly, we conditionally grant
Weeks Marine's petition insofar as it requests us to instruct the trial court to vacate the order.  We are confident the trial court will
vacate its October 31, 2006 order denying Weeks Marine's motion to compel arbitration and its May 3, 2007 order denying Weeks
Marine's motion for reconsideration.  The writ of mandamus will issue only if the trial court fails to comply.
The procedural unconscionability issue is not, as Weeks Marine contends, for the arbitrator to decide.   The issue is for the trial court
to decide, but the trial court has either not made a decision or made a decision on disputed affidavit testimony without the requisite
evidentiary hearing.  In either event, we are unable to direct entry of an order compelling arbitration while disputed issues of fact
remain unresolved.  Accordingly, we deny the petition insofar as Weeks Marine requests us to instruct the trial court to compel
arbitration.

In Re Studio 8 Floors & Walls, Inc. (Tex.App.- Houston [14th Dist.] Nov. 8, 2007)(per curiam)
(
arbitration case mandamus, motion to compel arbitration should have been granted)
MOTION OR WRIT GRANTED: Per Curiam
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00764-CV In Re: Studio 8 Floors & Walls, Inc
Appeal from Co Civil Ct at Law No 4 of Harris County (
Roberta Anne Lloyd)

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)

In Re Igloo Products Corp. (Tex.App.- Houston [14th Dist.] Nov. 1, 2007)(Frost)(arbitration mandamus denied)
MOTION OR WRIT DENIED: Opinion by Justice Frost
In this original proceeding, relators Igloo Products Corporation and Jose Rodriguez seek a writ of mandamus
directing the respondent, Dan R. Beck, presiding judge of the 155th District Court of Waller County, (1) to vacate
his January 9, 2007 order denying relators' motion to compel arbitration, and (2) to grant relators' motion to compel
arbitration of all claims pending in the action and to stay trial court proceedings pending such arbitration.  We deny
the petition for writ of mandamus.

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)

Ins. Co. v. Jack Apple, (Tex.App. - Houston [1st Dist.] Oct. 25, 2007)

Daimler Chrysler Ins. Co. v. Apple (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(Alcala)(insurance coverage
dispute, breach of contract, indemnity)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Justices Taft, Jennings and Alcala
01-05-01115-CV Diamler Chrysler Insurance Company f/k/a Chrysler Insurance Company v. Jack Apple, Jr. and
Greenspoint of Dodge of Houston, Inc.
Appeal from 295th District Court of Harris County (
Hon. Tracy Christopher)
Burlington Resources Oil & Gas Co. LP v. San Juan Basin Royalty Trust, Houston [1st Dist.] Aug 16, 2007)

W. Dow Hamm III Crop. v. Millenium Income Fund, LLC, 237 S.W.3d 745 (Tex.App.- Houston [1st Dist.] Jul. 12, 2007)
Mandamus in bid to avoid arbitration denied
In Re Meshark Omoruyi (Tex.App.- Houston [14th Dist.] May 31, 2007)(per curiam)
[arbitration mandamus]
MOTION OR WRIT DENIED: Per Curiam
(Before Justices Anderson, Fowler and Frost)
14-07-00363-CV In Re: Meshark Omoruyi
Appeal from 333rd District Court of Harris County (
Judge Joseph J. Halbach)

Party waived right to arbitrate, if any
Interconnex, Inc. v. Ugarov, 224 S.W. 3d  523 (Tex.App. - Houston [1st Dist.] May 3, 2007)
Interconex, Inc. v. Ugarov (Tex.App.- Houston [1st Dist.] May 3, 2007)(Jennings)
[jury, exclusion of evidence, causal nexus, arbitration]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Jennings
01-05-00524-CV Interconex, Inc., d/b/a Interdeaninterconex v. Nick Ugarov
Appeal from 280th District Court of Harris County (
Judge Tony Lindsay)
Interconex acted inconsistently with its right to arbitrate by failing to timely answer the lawsuit after it had been served through its
registered agent and by failing to move for arbitration before its liability had been established. Moreover, it acted inconsistently with its
right to arbitrate when it requested that the case be reset from its existing October trial date to a December 13, 2004 jury trial on the
issue of damages. It did not file its motion to compel arbitration until shortly before the jury trial, which Interconex had specifically
requested and caused to be set in December 2004. Accordingly, we conclude that Interconex had substantially invoked the judicial
process before it moved to compel arbitration.

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.

Denial of Motion to Compel Arbitration Affirmed - Motion Not Timely, Counterclaim Asserted
Nova Info Systems v. Nidhi (Tex.App.- Houston [14th Dist.] Mar. 29, 2007)(Anderson)(denial of motion to compel
arbitration affirmed)
A party to an arbitration agreement can waive its contractual right to compel arbitration of a dispute in two ways.  A party can waive
arbitration if that party delays seeking to compel arbitration and the delay results in prejudice; or if that party substantially invokes the
judicial process and the opposing party suffers prejudice as a result.  Prudential Securities, Inc. v. Marshall, 909 S.W.2d 896, 898-99
(Tex. 1995); Associated Glass, Ltd. v. Eye Ten Oaks Investments, Ltd., 147 S.W.3d 507, 514 (Tex. App.-San Antonio 2004, no pet.).
Here, Nova filed its special appearance in April 2002.  Nova then waited approximately thirty months before it filed its motion to
compel arbitration in October 2004, soon after requesting and receiving a continuance of the original trial setting.  In the interim, Nova
filed its original answer with affirmative defenses as well as a counterclaim against appellee.  In addition, Mr. Sowada, as well as the
other defendants, were not parties to the arbitration agreement and did not join the motion to compel arbitration which, if it had been
granted, would have required appellee to pursue its claims simultaneously in two different forums.  These facts support the trial
court's findings that (1) Nova unreasonably delayed in filing its motion to compel arbitration; (2) Nova substantially invoked the judicial
process; and (3) appellee was prejudiced as a result of Nova's actions.  Accordingly, the trial court did not abuse its discretion when it
denied appellants' motion for new trial.  See In re E. I. DuPont de Nemours & Co., 136 S.W.3d at 223. We overrule appellants; first
issue.

In re Meena Matthews (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley)(arbitration)

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)

Arbitration Agreement Enforced
McReynolds v Elston (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Yates)(arbitration)
REVERSED AND REMANDED: Opinion by
Justice Brock Yates
Before Justices Brock Yates, Anderson and Hudson
14-06-00974-CV        L. Bland McReynolds and Judith Bauman v. Lanelle Elston
Appeal from 129th District Court of Harris County
Trial Court Judge:
Samuel Grant Dorfman
In this consolidated interlocutory appeal and mandamus proceeding, appellants L. Bland McReynolds and Judith
Bauman challenge the trial court's order denying their motion to compel arbitration.  We deny the petition for writ of
mandamus and reverse and remand the trial court's order under our interlocutory appellate jurisdiction.
We conclude the trial court erred in denying McReynolds’s motion to compel the Goldberg Arbitration and stay the
AAA Arbitration.  Elston’s claims fall under the scope of the Settlement Agreement’s arbitration provision because of
the broad nature of the clause and the Settlement Agreement.  McReynolds did not waive his right to the Goldberg
Arbitration because he did not substantially invoke the AAA Arbitration to Elston’s prejudice.  Therefore, we sustain
McReynolds’s issues, and we reverse and remand the trial court’s interlocutory order for proceedings consistent
with this opinion

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)

In re: Energy Maintenance Services Group LLC (Tex.App.- Houston [14th Dist.] Feb. 27, 2007)(per curiam denial)
(
arbitration mandamus denied)
MOTION OR WRIT DENIED: Per Curiam
Before Justices Anderson, Hudson and Guzman
14-06-01085-CV        
In Re: Energy Maintentance Services Group LLC
Appeal from 400th District Court of Fort Bend County (Honorable Clifford Vacek)

Yuen v. Fisher,  227 S.W.3d 193 (Tex.App.- Houston [1st Dist.] Feb. 22, 2007)(Bland) (special appearance)
AFFIRM TC JUDGMENT: Opinion by
Justice Bland
(Before Chief Justice Radack, Justices Jennings and Bland)
01-06-00010-CV        Xenos Yuen v. Fleishman & Fisher and Barry A. Fisher
Appeal from 333rd District Court of Harris County

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)


.
Case Law on Arbitration from Houston Courts of Appeals
Also see --> Texas ADR Law Blog | Table of Arbitration Cases
Also see -> Confirmation and Vacatur of Arbitration Awards
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