Legal Opinion
Robinson v. Home Owners Mgmt. Enters., Inc.
Court of Appeals of Texas
Decided April 19, 2018No. 02-16-00380-CVPublishedCited by 5 opinions
1Opinion of the Court
ELIZABETH KERR, JUSTICE
We have two issues to address: (1) whether the trial court correctly determined that the availability of class-action arbitration under the parties' contract was a gateway substantive issue for it, not the arbitrator, to decide; and (2) whether the trial court correctly ruled that the arbitration clause in question did not authorize class arbitration. We hold that the trial court was right on both issues, and so we affirm.
Background
In February 2015, Nathan and Misti Robinson-in only their individual capacities-sued Home Owners Management Enterprises, Inc. d/b/a Home of…
2Cases cited47 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
- At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
- Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
- Coker v. CokerTexas Supreme Court · 1983
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3Cited by5 opinions
- Abbas Zahraei v. Mohammad-Reza Khosh-Sirat, Texas Court of Appeals, 5th District (Dallas)2019
- Mainthia Technologies, Inc. and Hemant Mainthia v. Recruiting Force, LLC D/B/A Recruit Veterans, on Behalf of Itself and Derivatively on Behalf of RVMTI, LLC, Texas Court of Appeals, 3rd District (Austin)2021
- Mary Maxey, Individually and as Initial Trustee of the Bryan Maxey Family, Trust, as Initial Trustee of the Carlotta Maxey Marital Income Trust: Exempt, as Trustee of the Carlotta Maxey Marital Income Trust: Non-Exempt, and as Trustee of the Mary Maxey Descendant's Trust v. Carolyn Maxey, Individually, as Successor Trustee of the Bryan Maxey Family Trust, as Successor Trustee of the Carlotta Maxey Marital Income Trust Exempt and as Trustee of the Carolyn Maxey Descendants Trust, Texas Court of Appeals, 1st District (Houston)2020
- Nathan Robinson and Misti Robinson, Individually and as Representatives of All Persons Similarly Situated v. Home Owners Management Enterprises, Inc. D/B/A Home of Texas and Warranty Underwriters Insurance CompanyTexas Supreme Court · 2019
- in the Interest of T.R.N., Children, Texas Court of Appeals, 5th District (Dallas)2019