Karl Bayer's Disputing Blog » Third Court of Appeals

SCOTX Will Not Consider $16 Million Arbitration Award Arising Out of Energy Dispute

By Beth Graham - November 19, 2018

On Friday, the Supreme Court of Texas declined to consider whether a Travis County trial court’s order confirming an arbitration award should be overturned because no transcription of the arbitration hearing was created.

Austin COA Affirms Order Confirming $16 Million Arbitration Award Despite Lack of Hearing Record

By Beth Graham - August 9, 2018

Texas’ Third District Court of Appeals in Austin has affirmed a lower court’s order confirming an arbitration award despite that no transcription of the arbitration hearing was created.

El Paso Appeals Court Refuses to Compel Arbitration Where Employee Cannot Read English

By Beth Graham - March 20, 2013

The Texas Appeals Court in El Paso had denied an employer’s motion to compel arbitration in an employment dispute that arose with an employee who was unable to read English. In Delfingen US-Texas, LP v Valenzuela, No. 08-12-00022-CV (Tex. App. 8th February 6, 2013), Guadalupe Valenzuela was hired to work as a temporary employee at Delfingen in El Paso, Texas. In 2008, the woman was offered a permanent position with the company. Following a compan

Death and Divorce in Texas

By Rob Hargrove - April 26, 2007

This morning, the Third Court of Appeals issued an opinion in an interesting case not normally within our area of interest, but which is worth mentioning nonetheless. The opinion, written by Justice Henson, describes the legal confusion which ensues when a couple begins to divorce and executes a mediated divorce settlement agreement but then does not consummate the divorce. In this case, the soon-to-be-ex-wife died the day before the hearing to e

Hairstylists Get Another Day in Court

By Rob Hargrove - March 1, 2007

This morning, the Third Court of Appeals issued an opinion in a procedurally complex case stemming from a group of hairstylists’ claim in quantum meruit that Supercuts failed to pay them for work done “off the clock.” The case was originally filed as a breach of contract class action in 1993; this morning’s opinion marks the fourth time the Third Court has written on it. The opinion spends a large amount of time reciting t

Third Court of Appeals Issues Defamation Opinion

By Rob Hargrove - February 15, 2007

On Tuesday, the Third Court of Appeals issued an opinion dismissing a number of defamation claims brought by Williamson County’s District Attorney against the Smithville Times. The case involved a series of editorials about a Williamson County murder prosecution that ran in the Times in late 2001 and early 2002. The detailed opinion sets forth the burden a public official must meet to prevail on a defamation case. Texas Appellate Law Blog d

Special Exceptions Procedure in Texas

By Rob Hargrove - January 5, 2007

This morning, the Third Court of Appeals issued a memorandum opinion that is useful for practitioners who file, respond to or appeal Special Exceptions. The opinion, written by Justice Patterson, affirms a trial court decision (by Judge Davis) to dismiss Plaintiffs’ lawsuit with prejudice when they failed to re-plead within 45 days of the Special Exceptions having been sustained. Significantly, the Third Court did not consider whether or no

Discrimination Claim does not Invoke School Laws of the State

By Rob Hargrove - November 30, 2006

The Third Court of Appeals issued an opinion on interlocutory appeal this morning affirming a trial court’s denial of a plea to the jurisdiction filed by the Austin Independent School District. The opinion clearly states that an AISD employee’s claim against the district for violation of the Texas Commission on Human Rights Act (the “Act”) is NOT a claim that the employee has been aggrieved by the school laws of the state,

Congratulations to Diane Henson

By Rob Hargrove - November 8, 2006

According to the Texas Secretary of State, our good friend, colleague, office-mate and frequent co-counsel Diane Henson has won her election to the Third Court of Appeals. We look forward to blogging about her opinions, which will invariably be well-written, thorough and absolutely devoid of typos. While we selfishly hate to lose her, we can say without question that her election is good for Texas. Also, if the judicial results reported by the Au

Attorneys’ Fees and Property Taxes

By Rob Hargrove - September 8, 2006

This morning, the Third Court of Appeals, sitting en banc on a Motion for Rehearing, issued an opinion holding that certain language in the Texas tax code which uses the word “may” is in fact mandatory, such that a successful Texas property tax protestant has an entitlement to his, her or its attorneys’ fees in making the protest. The opinion, which replaces an older opinion blogged about quite briefly here, addresses a split am