Legal Opinion

Accord Business Funding, LLC v. Michael W. Ellis D/B/A Awesome Trucking

Texas Court of Appeals, 14th District (Houston)

Decided May 4, 2021No. 14-19-00279-CVPublished

1Opinion of the Court

Affirmed and Opinion filed May 4, 2021. In The Fourteenth Court of Appeals NO. 14-19-00279-CV ACCORD BUSINESS FUNDING, LLC, Appellant V. MICHAEL W. ELLIS D/B/A AWESOME TRUCKING, Appellee On Appeal from the County Civil Court at Law No. 1 Harris County, Texas Trial Court Cause No. 1130040 OPINION Can a party waive a contractual nonwaiver of remedies clause and waive its right to arbitration after initiating litigation and obtaining a judgment that is later declared void? In one issue in this interlocutory appeal, Accord Business Funding, LLC challenges the trial court’s denial of its motion to…

2Cases cited16 opinions

  1. Peralta v. Heights Medical Center, Inc.Supreme Court of the United States · 1988
  2. Perry Homes v. CullTexas Supreme Court · 2008
  3. G.T. Leach Builders, LLC v. Sapphire V.P., LpTexas Supreme Court · 2015
  4. Shields Ltd. Partnership v. BradberryTexas Supreme Court · 2017
  5. Pns Stores, Inc., D/B/A MacFrugal's Bargain Closeouts D/B/A MacFrugals, Inc. v. Anna E. Rivera as Next Friend for Rachel RiveraTexas Supreme Court · 2012

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