Legal Opinion · Concurrence

Stage Stores, Inc. v. Jon Gunnerson

Court of Appeals of Texas

Decided October 8, 2015No. 01-13-00708-CVPublished

1ConcurrenceHarvey Brown, Justice

This case presents an issue of contract interpretation: What did the parties mean when they agreed to a “reasoned award”?

The Court holds that the “award’s failure to provide any reasoning regarding Stage’s third contention prevents a determination that the award is reasoned.” It concludes that, under an exception to the functus officio doctrine, the matter can be remanded to the arbitrator to complete the adjudication of the award. I agree with the Court and join it. But I would also go further and directly hold that the award is not reasoned—not simply say that we are prevented from…

2Cases cited40 opinions

  1. Cullen v. PinholsterSupreme Court of the United States · 2011
  2. Rita v. United StatesSupreme Court of the United States · 2007
  3. Hall Street Associates, L. L. C. v. Mattel, Inc.Supreme Court of the United States · 2008
  4. United States v. VonnerCourt of Appeals for the Sixth Circuit · 2008
  5. Burrow v. ArceTexas Supreme Court · 1999

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