Royce B. West, Julia L.S. Gooden, a/k/a Julia L.S. Gooden-Wood, and Robinson West & Gooden, P.C. v. Malcolm S. Robinson

Summary

The Supreme Court of Texas held that the court of appeals failed to address modification and waiver issues necessary to the disposition of an arbitration dispute, contrary to Texas Rule of Appellate Procedure 47.1. The court granted review, reversed the court of appeals’ judgment, and remanded for further proceedings. The underlying dispute concerned an agreement to arbitrate and dissolve a law firm corporation.

Holdings

1. The court of appeals failed to comply with Rule 47.1 because it did not identify and expressly decide the distinct issues of modification and waiver that were raised and were necessary to the disposition of the appeal.

Questions Presented

1. Whether the court of appeals complied with Texas Rule of Appellate Procedure 47.1 by addressing all issues raised and necessary to the disposition of the appeal.
2. Whether the court of appeals was required to address whether the parties modified the arbitration agreement and whether Robinson waived his objection to the scope of arbitration.

Disposition

reversed_and_remanded