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Henry v. Cash Biz, LP

10 Citing cases

  1. Wisch Auto Grp. v. McCarthy

    NO. 14-19-00483-CV (Tex. App. May. 27, 2021)

    We review the denial of a motion to compel arbitration for an abuse of discretion. See Henry v. Cash Biz, L.P., 551 S.W.3d 111, 115 (Tex.), cert. denied, — U.S. —, 139 S. Ct. 184, 202 L. Ed. 2d 40 (2018); In re Labatt Food Serv., L.P., 279 S.W.3d 640, 642-43 (Tex. 2009) (orig. proceeding); Weekley Homes, L.P. v. Rao, 336 S.W.3d 413, 418 (Tex. App.—Dallas 2011, pet. denied); see also Accord Bus. Funding, LLC v. Ellis, No. 14-19-00279-CV, 2021 WL 1745472, at *1, ___ S.W.3d ___, ___ (Tex. App.—Houston [14th Dist.] May 4, 2021, no pet. h.).

  2. Left Gate Prop. Holding v. Nelson

    NO. 14-19-00247-CV (Tex. App. Mar. 30, 2021)   Cited 5 times
    Observing that " ‘instruments pertaining to the same transaction may be read together to ascertain the parties’ intent, even if the parties executed the instruments at different times and the instruments do not expressly refer to each other, and ... a court may determine, as a matter of law, that multiple documents comprise a written contract. In appropriate instances, courts may construe all the documents as if they were part of a single, unified instrument.’ " (quoting Fort Worth Indep. Sch. Dist. v. City of Fort Worth , 22 S.W.3d 831, 840 (Tex. 2000) )

    We review a trial court's ruling on a motion to compel arbitration under an abuse of discretion standard. See Henry v. Cash Biz, L.P., 551 S.W.3d 111, 115 (Tex.), cert. denied, — U.S. —, 139 S. Ct. 184, 202 L. Ed. 2d 40 (2018); In re Labatt Food Serv., L.P., 279 S.W.3d 640, 642-43 (Tex. 2009); Building Homes for Heroes, Inc. v. Ellis, No. 14-19-00203-CV, 2020 WL 7394017, at *3 (Tex. App.—Houston [14th Dist.] Dec. 17, 2020, no pet. h.) (mem. op.); Nationwide Coin & Bullion Reserve, Inc.. v. Thomas, No. 14-19-00632-CV, — S.W.3d —, 2020 WL 6741694, at *2 (Tex. App.—Houston [14th Dist.] Nov. 17, 2020, no pet. h.). Under this standard, we defer to a trial court's factual findings when they are supported by evidence, but we review de novo the trial court's legal determinations.

  3. Nationwide Coin & Bullion Reserve, Inc. v. Thomas

    625 S.W.3d 498 (Tex. App. 2020)   Cited 17 times
    Holding plaintiff offered no evidence defendant misrepresented value of coin at time of sale when she only offered a value from an appraisal conducted over a year after the sale

    In an appeal from the denial of a motion to compel arbitration, we apply the abuse-of-discretion standard, deferring to the trial court's factual determinations if they are supported by evidence and reviewing legal determinations de novo. Henry v. Cash Biz, LP , 551 S.W.3d 111, 115 (Tex. 2018), cert. denied , ––– U.S. ––––, 139 S. Ct. 184, 202 L. Ed. 2d 40 (2018). Before addressing the evidence, however, we first must address Thomas's arguments that the evidence cannot be considered.

  4. Allcapcorp, Ltd. v. Sloan

    No. 05-20-00200-CV (Tex. App. Oct. 14, 2020)   Cited 5 times
    Holding incorporation of the AAA rules did not clearly and unmistakably delegate arbitrability to the arbitrator "when the parties agreed the arbitrator had authority to decide only a limited subset of claims and also expressly negated the arbitrator's right to decide anything with respect to some claims"

    With respect to its denial of Allegiance Capital's motion to compel arbitration, we review the trial court's arbitrability determinations, which are questions of law, de novo. Henry v. Cash Biz, LP, 551 S.W.3d 111, 115 (Tex. 2018), cert. denied, 139 S. Ct. 184, 202 L. Ed. 2d 40 (2018); Trafigura Pte. Ltd. v. CNA Metals Ltd., 526 S.W.3d 612, 615 (Tex. App.—Houston [14th Dist.] 2017, no pet.). Factual determinations, however, if supported by evidence, receive deference.

  5. Whitley Penn LLP v. GACP Fin. Co.

    No. 05-19-01235-CV (Tex. App. Jul. 21, 2020)   Cited 1 times

    We review a trial court's order denying a motion to compel arbitration for abuse of discretion. Henry v. Cash Biz, LP, 551 S.W.3d 111, 115 (Tex. 2018), cert. denied, ___ U.S. ___, 139 S. Ct. 184, 202 L. Ed. 2d 40 (2018). We defer to the trial court's factual determinations if they are supported by evidence but review its legal determinations de novo.

  6. GJ Partners v. Cima Contractors, LLC

    No. 05-18-01412-CV (Tex. App. Jan. 23, 2020)   Cited 6 times

    We review a trial court's order denying a motion to compel arbitration for abuse of discretion. See Henry v. Cash Biz, LP, 551 S.W.3d 111, 115 (Tex. 2018), cert. denied, ___ U.S. ___, 139 S. Ct. 184, 202 L. Ed. 2d 40 (2018). We defer to the trial court's factual determinations if they are supported by evidence but review its legal determinations de novo.

  7. APC Home Health Servs. v. Martinez

    600 S.W.3d 381 (Tex. App. 2019)   Cited 19 times
    Recognizing that "unequal bargaining power does not establish grounds for invalidating an arbitration agreement absent a well-supported claim that the agreement resulted from the sort of fraud or overwhelming economic power that would provide grounds for revocation of any contract"

    . We defer to the trial court's factual determinations if they are supported by evidence but review its legal determinations de novo.Henry v. Cash Biz, LP , 551 S.W.3d 111, 115 (Tex. 2018), cert. denied , ––– U.S. ––––, 139 S.Ct. 184, 202 L.Ed.2d 40 (2018). Because the trial court here did not enter findings of fact or conclusions of law to explain its denial of the motion to compel, we must uphold the trial court's decision on any appropriate legal theory urged below.

  8. Aerotek, Inc. v. Boyd

    629 S.W.3d 249 (Tex. App. 2019)

    We review a trial court's order denying a motion to compel arbitration for abuse of discretion. SeeHenry v. Cash Biz, LP , 551 S.W.3d 111, 115 (Tex. 2018), cert. denied , ––– U.S. ––––, 139 S. Ct. 184, 202 L.Ed.2d 40 (2018). We defer to the trial court's factual determinations if they are supported by evidence but review its legal determinations de novo.

  9. Hous. NFL Holding L.P. v. Ryans

    581 S.W.3d 900 (Tex. App. 2019)   Cited 2 times

    Further, because arbitration is a strongly favored method of dispute resolution, and because arbitration agreements are enforced according to their terms, a broad arbitration agreement is capable of expansive reach. SeePrima Paint Corp. v. Flood & Conklin Mfg. Co. , 388 U.S. 395, 397–98, 87 S.Ct. 1801, 18 L.Ed.2d 1270 (1967) ; Pennzoil Expl. & Prod. Co. v. Ramco Energy Ltd. , 139 F.3d 1061, 1067 (5th Cir. 1998) ; Henry v. Cash Biz, LP , 551 S.W.3d 111, 116 (Tex. 2018), cert. denied , ––– U.S. ––––, 139 S. Ct. 184, 202 L.Ed.2d 40 (2018) ; Didmon , 438 S.W.3d at 695. As we have explained, broad arbitration agreements are not limited to claims that literally "arise under the contract" but rather embrace all disputes between the parties having a significant relationship to the contract regardless of the label attached to the dispute.

  10. Ari-Armaturen USA, LP v. CSI Int'l, Inc.

    NO. 14-18-00413-CV (Tex. App. Apr. 2, 2019)

    To establish substantial invocation of the judicial process, the implied waiver that CSI relies upon, CSI had the burden to prove (1) ARI substantially invoked the judicial process in a manner inconsistent with its claimed right to compel arbitration; and (2) CSI suffered actual prejudice as a result of the inconsistent conduct. Henry v. Cash Biz, LP, 551 S.W.3d 111, 116 (Tex. 2018), cert. denied, 139 S. Ct. 184, 202 L. Ed. 2d 40 (2018). The only prejudice asserted by CSI is the cost of the prior litigation.