Al's Formal Wear of Houston, Inc. v. Sun

OPINION ON MOTION FOR REHEARING

MIRABAL, District Judge.

We withdraw our earlier opinion, we substitute the following opinion in its stead, and we overrule appellant’s motion for rehearing.

This is a summary judgment appeal involving the Texas General Arbitration Act. We reverse and render in part, and reverse and remand in part.

The following facts are uncontroverted: In October 1986, David Sun agreed to produce photographs for use in Al’s Formal Wear of Houston, Inc. (Al’s) spring catalog. Al’s signed a written confirmation that indicated Al’s would pay Sun $5,500 for his services. On the back…