Upload a complaint or brief to quickly find on-point case law.
CARA A.I. uses the facts and legal issues in your document to find relevant authorities.
Drag a complaint or brief hereUpload a complaint or briefPDF documentWORD documentTXT documentOr, choose a document to uploadChoose DocumentSecure
Find on-point cases faster with CARA A.I.
§

Williams Industries, Inc. v. Earth Development Systems Corp.

110 S.W.3d 131 (Tex. App. 2003)
Depth of Treatment
Newest to Oldest
Oldest to Newest
Cite Count
Williams Industries, Inc. v. Earth Development Systems Corp.

71 Citing cases

  1. In re Multifuels

    No. 01-09-00475-CV (Tex. App. May. 7, 2010)   Cited 2 times

    Whether a party has waived its right to arbitration is a question of law, which we review de novo. In re Fleetwood Homes, 257 S.W.3d at 694; Perry Homes v. Cull, 258 S.W.3d 580, 591-93 (Tex. 2008); Williams Indus., Inc. v. Earth Dev. Sys. Corp., 110 S.W.3d 131, 135 n. 4 (Tex. App.-Houston [1st Dist.] 2003, no pet.) (explaining waiver under Texas General Arbitration Act, but explaining that "standard for determining waiver of the right to arbitration is the same under both the Texas General Arbitration Act and the Federal Arbitration Act."). There exists a strong presumption against waiver in the law and "[a]ny doubts regarding waiver are resolved in favor of arbitration."

  2. Interconex, Inc. v. Ugarov

    224 S.W.3d 523 (Tex. App. 2007)   Cited 48 times
    Holding appellant waived complaint that appellee's testimony as to gross earnings insufficient to support award for past and future lost earnings under section 18.091 because appellant did not object to charge's instruction to not consider taxes in determining damages

    "A party seeking to compel arbitration has the initial burden to establish the arbitration agreement's existence and to show that the claims asserted against it fall within the arbitration agreement's scope." Williams Indus., Inc. v. Earth Dev. Sys. Corp., 110 S.W.3d 131, 134 (Tex.App.-Houston [1st Dist.] 2003, no pet.) (citing Mohamed v. Auto Nation USA Corp., 89 S.W.3d 830, 835 (Tex.App.-Houston [1st Dist.] 2002, no pet.)). If the party seeking to compel arbitration carries its initial burden, the party resisting arbitration must then present evidence on any defenses to the arbitration agreement. Id.

  3. Southwind Group v. Landwehr

    188 S.W.3d 730 (Tex. App. 2006)   Cited 24 times
    Holding movant did not substantially invoke judicial process by "merely" responding to non-movant’s motion for summary judgment

    If a party seeking arbitration carries its initial burden, the burden shifts to the party resisting arbitration to present evidence on its defenses to the arbitration agreement. Williams Indus., Inc. v. Earth Dev. Sys. Corp., 110 S.W.3d 131, 134 (Tex.App.-Houston [1st Dist.] 2003, no pet.). The Landwehrs' sole defense to arbitration is that Southwind waived its right to arbitrate their claims.

  4. Northwest Const. v. the Oak

    248 S.W.3d 837 (Tex. App. 2008)   Cited 34 times
    Holding question of who decides issue of waiver of arbitration not one of subject matter jurisdiction

    Whether waiver occurs depends on the individual facts and circumstances of each case. Jones, 235 S.W.3d at 340; Southwind Group, Inc., 188 S.W.3d at 735; Williams Indus., Inc. v. Earth Dev. Sys. Corp., 110 S.W.3d 131, 135 (Tex.App.-Houston [1st Dist.] 2003, no pet.). A party does not waive arbitration merely by delay; instead, the party urging waiver must establish that any delay resulted in prejudice.

  5. Matthews v. USA Emp.

    Nos. 01-06-01016-CV, 01-07-00001-CV (Tex. App. Mar. 29, 2007)

    Because the Teachers carried their initial burden, the burden then shifted to USAE to prove any defenses to the enforcement of the Agreement. Williams Indus. v. Earth Dev. Sys. Corp., 110 S.W.3d 131, 134-35 (Tex.App.-Houston [1st Dist.] 2003, no pet.). In issue two, the Teachers contend that USAE failed to prove its asserted defense of waiver.

  6. Interconex v. Ugarov

    No. 01-05-00524-CV (Tex. App. Aug. 31, 2006)   Cited 1 times

    A party seeking to compel arbitration has the initial burden to establish the arbitration agreement's existence and to show that the claims asserted against it fall within the arbitration agreement's scope. Williams Indus., Inc. v. Earth Dev. Sys. Corp., 110 S.W.3d 131, 134 (Tex.App.-Houston [1st Dist.] 2003, no pet.) (citing Mohamed v. Auto Nation USA Corp., 89 S.W.3d 830, 835 (Tex.App.-Houston [1st Dist.] 2002, no pet.)). If the party seeking to compel arbitration carries its initial burden, the party resisting arbitration must then present evidence on any defenses to the arbitration agreement. Id.

  7. In re Castro

    246 S.W.3d 756 (Tex. App. 2008)   Cited 1 times
    Finding waiver where movant stated at hearing that it was waiving arbitration, requested extension to file dispositive motions, served discovery requests on plaintiff and took its deposition, filed motion to compel plaintiff to respond to movant's requests for production and requests for disclosure, and filed motion to compel arbitration 41 months after suit filed

    Because Bulldog carried its initial burden, the burden shifted to Castro to present evidence on his waiver defense to the arbitration agreement. Southwind Group, 188 S.W.3d at 735; Williams Indus., Inc. v. Earth Dev. Sys. Corp., 110 S.W.3d 131, 134 (Tex.App.-Houston [1st Dist.] 2003, no pet.). The standard for determining waiver of the right to arbitration is the same under both the FAA and the TAA.Southwind Group, 188 S.W.3d at 735; Brown v. Anderson, 102 S.W.3d 245, 250 (Tex.App.-Beaumont 2003, pet. denied); Sedillo v. Campbell, 5 S.W.3d 824, 826 (Tex.App.-Houston [14th Dist.] 1999, no pet.).

  8. In re Christus Spohn Health System

    231 S.W.3d 475 (Tex. App. 2007)   Cited 22 times
    Holding hospital's prior litigation conduct in criminal case constituted waiver of right to arbitrate where prior litigation involved developing evidence as part of strategic plan for defense of civil suit for damages

    Whether waiver has occurred depends on the individual facts and circumstances of each case. Southwind Group, Inc., 188 S.W.3d at 735; Williams Indus., Inc. v. Earth Dev. Sys. Corp., 110 S.W.3d 131, 135 (Tex.App.-Houston [1st Dist.] 2003, no pet.); Sedillo v. Campbell, 5 S.W.3d 824, 827 (Tex.App.-Houston [14th Dist.] 1999, no pet.). Waiver occurs only where "a party has acted inconsistently with its right to arbitrate and such actions prejudiced the other party."

  9. BBX Operating, LLC v. Am. Fluorite, Inc.

    NO. 09-17-00245-CV (Tex. App. Feb. 1, 2018)   Cited 3 times

    A party opposing arbitration must also show it was prejudiced by the other party's substantial invocation of the judicial process. See G.T. Leach Builders, 458 S.W.3d at 511-12; Kennedy Hodges, L.L.P. v. Gobellan, 433 S.W.3d 542, 543 (Tex. 2014); William Indus., Inc. v. Earth Dev. Sys. Corp., 110 S.W.3d 131, 135 (Tex. App.—Houston [1st Dist.] 2003, no pet.). Showing prejudice is generally an evidentiary burden.

  10. Sofola v. Aetna Health, Inc.

    NO. 01-15-00387-CV (Tex. App. Jan. 5, 2016)   Cited 1 times

    If implied from a party's conduct, that conduct must be "unequivocal." Id.; see Williams Indus., Inc. v. Earth Dev. Sys. Corp., 110 S.W.3d 131, 135 (Tex. App.—Houston [1st Dist.] 2003, no pet.); Haddock v. Quinn, 287 S.W.3d 158, 177 (Tex. App.—Fort Worth 2009, pet. denied). "Whether waiver occurs depends on the individual facts and circumstances of each case."