Summary
The Fourth Court of Appeals of Texas affirmed the denial of Endura Advisory Group, Ltd.'s motion to compel arbitration. The court held that Dominic Altomare's claims against Josh Reneau, arising from a separate agreement concerning commission sharing, were not within the scope of the arbitration clause in Altomare's Separation Agreement with Endura. The claims were independent of the Separation Agreement and could be maintained without reference to it.
Holdings
- Altomare's claims against Reneau were not within the scope of the arbitration clause because they arose from a separate agreement between Altomare and Reneau, were independent of the Separation Agreement, and could be maintained without reference to it.
- The trial court did not err in denying Endura's motion to compel arbitration.
Questions Presented
- Whether Altomare's breach-of-contract claims against Reneau fell within the scope of the arbitration clause in the Separation Agreement between Altomare and Endura.
- Whether the trial court erred by denying Endura's motion to compel arbitration.
Disposition
affirmed
Cases Cited (9)
- In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005)(followed)
- McReynolds v. Elston, 222 S.W.3d 731, 740 (Tex. App.—Houston [14th Dist.] 2007, no pet.)(followed)
- Dell, Inc. v. Muniz, 163 S.W.3d 177, 180 (Tex. App.—San Antonio 2005, orig. proceeding)(followed)
- Epps v. Fowler, 351 S.W.3d 862, 865 (Tex. 2011)(followed)
- Glassell Producing Co. v. Jared Res., Ltd., 422 S.W.3d 68, 76-78 (Tex. App.—Texarkana 2013, no pet.)(followed)
- In re Rubiola, 334 S.W.3d 220, 225 (Tex. 2011)(followed)
- Ellis v. Schlimmer, 337 S.W.3d 860, 862 (Tex. 2011)(followed)
- Pennzoil Co. v. Arnold Oil Co., 30 S.W.3d 494, 498 (Tex. App.—San Antonio 2000, no pet.)(followed)
- Italian Cowboy Partners, Ltd. v. Prudential Ins. Co. of America, 341 S.W.3d 323, 333-34 (Tex. 2011)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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