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All articles tagged '"Fifth District Court of Appeals"'
6 articles found
SCOTX Reverses Order Denying Arbitration in Dallas County Structured Settlement Transfer Case
By Beth Graham - December 26, 2018
On Friday, the Supreme Court of Texas reversed a lower court’s order denying a party’s motion to compel arbitration because a provision included in a structured settlement transfer agreement stated the question of arbitrability was one for an arbitrator to decide.
Dallas COA Rules No Right to Interlocutory Judicial Review of Arbitration Panel’s Order
By Beth Graham - November 15, 2018
Texas’s Fifth District Court of Appeals in Dallas has issued an opinion stating neither the Texas Arbitration Act (“TAA”) nor Section 150.002 of the Texas Civil Practice and Remedies Code provides a party to an arbitration proceeding with the right to file an interlocutory appeal.
Dallas COA Affirms Arbitral Award Despite Evident Partiality Claims
By Beth Graham - September 23, 2014
The Fifth District Court of Appeals of Texas in Dallas has affirmed a trial court’s order confirming an arbitral award in a dispute between a residential builder and several homeowners.
Dallas Appeals Court Vacates Order Denying Arbitration in Marketing and Sales Case
By Beth Graham - August 12, 2014
Texas’ Fifth District Court of Appeals has vacated a trial court’s order denying arbitration in a marketing and sales dispute.
Texas’ Fifth COA Holds Doctrine of Res Judicata Bars Case Decided by Kentucky Arbitration
By Beth Graham - August 8, 2013
Texas’ Fifth District Court of Appeals in Dallas has affirmed a grant of summary judgment in a case that was previously submitted to binding arbitration and confirmed by a trial court in another state.
Dallas Appeals Court Compels Arbitration in Interlocutory Appeal
By Beth Graham - April 18, 2013
The Fifth District Court of Appeals in Dallas has ruled in an interlocutory appeal that a lower court committed error when it denied a company’s motion to compel arbitration. In Phytel, Inc. v. Smiley, No. 05-12-00607-CV, (Tex. App.--Dallas Apr. 5, 2013, no. pet. h.), James Smiley was a former Chief Executive Officer at Phytel, Inc.
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