Legal Opinion

Small v. SPECIALTY CONTRACTORS, INC.

Texas Court of Appeals, 5th District (Dallas)

Decided April 21, 2010No. 05-08-01701-CVPublishedCited by 20 opinions

1Opinion of the Court

OPINION

Opinion By Justice MURPHY.

This is an appeal from an order compelling arbitration in a shareholder dispute. After compelling all pending disputes to arbitration, the trial court signed an order dismissing the litigation without prejudice. In his first issue, appellant Donald B. Small contends three of the appellees, Specialty Contractors, Inc., Billy Don Elliott, and Leland T. Skinner (collectively, “Specialty defendants”) waived any right to arbitrate by substantially invoking the judicial process. In his second issue, Small argues his non-suit of appellees LDD, L.P. and ESS…

2Cases cited26 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Lehmann v. Har-Con Corp.Texas Supreme Court · 2001
  3. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  4. Catlin v. United StatesSupreme Court of the United States · 1945
  5. Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000

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3Cited by20 opinions

  1. New York Party Shuttle, LLC v. John Bilello, Texas Court of Appeals, 1st District (Houston)2013
  2. Ascendant Anesthesia Pllc v. Abazi, Texas Court of Appeals, 5th District (Dallas)2011
  3. Seven Hills Commercial, LLC v. Mirabal Custom Homes, Inc., Texas Court of Appeals, 5th District (Dallas)2014
  4. Adams v. STAXXRING, INC., Texas Court of Appeals, 5th District (Dallas)2011
  5. Frontera Generation Ltd. Partnership v. Mission Pipeline Co., Texas Court of Appeals, 13th District2012

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