Legal Opinion

BONDED BUILDERS HOME WARRANTY ASSOCIATION OF TEXAS, INC. D/B/A Bonded Builders Warranty Group, Appellant v. James B. SMITH and Michelle Eyrich, Appellees

Texas Court of Appeals, 5th District (Dallas)

Decided April 21, 2016No. 05-15-00964-CVPublishedCited by 9 opinions

1Opinion of the Court

OPINION

Opinion by Justice Lang

In this interlocutory appeal, appellant Bonded Builders Home- Warranty Association of Texas, Inc. d/b/a Bonded Builders Warranty Group (“BBWG”) challenges the trial court’s denial of its motion to compel arbitration in a lawsuit filed by James B. Smith and Micjielle ,.Eyrich (“appellees” or “plaintiffs”) based on alleged defects in a home purchased by them.

We decide in favor of BBWG on its sole issue. We reverse the portion of the trial court’s order denying BBWG’s motion to compel arbitration, order the severing of a portion of the arbitration provision in…

2Cases cited24 opinions

  1. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  2. Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000
  3. Buckeye Check Cashing, Inc. v. CardegnaSupreme Court of the United States · 2006
  4. J.M. Davidson, Inc. v. WebsterTexas Supreme Court · 2003
  5. In Re Firstmerit Bank, N.A.Texas Supreme Court · 2001

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3Cited by9 opinions

  1. Cash Biz, LP v. HenryCourt of Appeals of Texas · 2016
  2. RSL Funding, LLC and RSL Special-IV, Limited Partnership v. Rickey Newsome, Texas Court of Appeals, 5th District (Dallas)2016
  3. Cypress Drilling, LLC v. Medve Energy Ventures, LLC, Texas Court of Appeals, 7th District (Amarillo)2019
  4. Design Tech Homes of Texas, LLC v. John Siemens and Vashti Siemens (As Co-Trustees of the John Siemens and Vashti Siemens Living Revocable Trust), Texas Court of Appeals, 3rd District (Austin)2025
  5. Dixie Equipment, LLC And Dixie Turbine Services, LLC v. Energia De Ramos, S.A.P.I. De C v. F/K/A Deacero Power S.A.P.I. De C v., Texas Court of Appeals, 3rd District (Austin)2017

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