Opinion
No. 04-16-00233-CV
05-20-2016
Julian GUERRA, Appellant v. L&F DISTRIBUTORS, LLC, Appellee
From the County Court at Law No 2, Webb County, Texas
Trial Court No. 2013-CVZ-002396 C3
Honorable Roel Canales, Judge Presiding
ORDER
Appellant seeks to appeal an order signed on January 22, 2016, which grants the Defendant's motion to confirm an arbitration award. Appellant filed a motion for new trial and reconsideration on February 17, 2016.
Under the Texas General Arbitration Act, courts may enter several types of orders in connection with an arbitration proceeding, including orders to confirm, vacate, or modify an arbitration award. TEX. CIV. PRAC. & REM. CODE ANN. §§ 171.082, 171.086(b)(6) (West 2011). Because judicial review of arbitration awards "adds expense and delay, thereby diminishing the benefits of arbitration as an efficient, economical system for resolving disputes," such review should be limited and expeditious. CVN Group, Inc. v. Delgado, 95 S.W.3d 234, 238 (Tex. 2002); Crossmark, Inc. v. Hazar, 124 S.W.3d 422, 429 (Tex. App.—Dallas 2004, pet. denied). Therefore, upon application by a party, the trial court shall confirm an arbitration award unless the opposing party offers grounds for vacating, modifying, or correcting the award. TEX. CIV. PRAC. & REM. CODE ANN. at § 171.087. Once the trial court enters an order confirming, modifying, or correcting an arbitration award, the trial court shall enter a judgment conforming to the order. Id. § 171.092; Crossmark, Inc., 124 S.W.3d at 429.
Based upon initial review of the record, it appears the trial court has not entered final judgment conforming its order granting Defendant's motion to confirm the arbitration award. See TEX. CIV. PRAC. & REM. CODE ANN. at § 171.092.
Accordingly, we abate this appeal and remand it to the trial court for entry of final judgment in compliance and conformity with Texas Civil Practice and Remedies Code Section 171.092. TEX. R. APP. P. 44.3 (court of appeals must allow a reasonable time to correct or amend defects or irregularities).
We ORDER the trial court to enter final judgment on or before June 9, 2016. We ORDER the trial court clerk to file a supplemental clerk's record containing the trial court's final judgment within ten days of the trial court's entry of its final judgment. All appellate deadlines are abated pending receipt of the supplemental clerk's record.
/s/_________
Jason Pulliam, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of May, 2016.
/s/_________
Keith E. Hottle
Clerk of Court