In Re Guardianship of Cantu De Villarreal
2010 Tex. App. LEXIS 9176
| Tex. App. | 2010Background
- Doña Raquel Cantu de Villarreal is an elderly ward with seven children disputing care and estate matters.
- The seven siblings signed an Irrevocable Family Settlement Agreement that includes an arbitration clause designating Reynaldo Garza, Jr. as arbitrator for disputes about interpretation and implementation of the agreement.
- The trial court approved the settlement and incorporated it into a February 14, 2008 judgment.
- Raquel moved for accounting, contempt, injunctive relief, and defense against alleged withdrawals of funds, leading to a June 11, 2008 court order and a June 27, 2008 writs of attachment against some siblings.
- On June 9, 2008, the court ordered arbitration; an arbitration hearing occurred August 18, 2008 with appellants not appearing in person (represented by counsel); the arbitrator issued an eighteen-page award on September 25, 2008.
- The trial court confirmed the award, and appellants challenged vacatur; the appeal discussed law-of-the-case and various theories about void orders, illegality, and public policy in relation to the arbitration agreement and award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Arbitrator exceeded powers or award obtained by undue means due to void orders | Cantu: void guardianship orders taint arbitration | Villarreal: law-of-the-case bars reconsideration; agreement governs arbitration | Issue precluded by law of the case; overruled. |
| Arbitrator enforcement of legally prohibited provisions or public-policy violations | Cantu: award enforces illegal/public-policy violations | Villarreal: pre-Hall St. common-law grounds may apply; statutory grounds control | Arbitrator did not exceed authority; public-policy illegality not shown; overruled. |
| Arbitration hearing conduct and postponement denial for sufficient cause | Cantu: must postpone for pending appeal and potential arrest | Villarreal: no right to continuance; affidavits available | Arbitrator acted within discretion; denial of postponement affirmed. |
| Scope of arbitrator authority under settlement to divide assets involving Doña Raquel and San Pedro Impulsora | Cantu: assets not owned by ward/third party; no justiciable interest | Villarreal: agreement authorizes disposition of related assets | Arbitrator authorized to decide matters arising from the agreement; no reversal on this basis. |
Key Cases Cited
- CVN Group, Inc. v. Delgado, 95 S.W.3d 234 (Tex. 2002) (arbitration awards have limited grounds for vacatur; default confirmation favored)
- Hall St. Assocs., L.L.C. v. Mattel, Inc., 552 U.S. 576 (S. Ct. 2008) (statutory grounds for vacatur preempt common-law grounds in FAA context)
- Centex/Vestal v. Friendship W. Baptist Church, 314 S.W.3d 677 (Tex.App.-Dallas 2010) (limits of arbitrator's authority; deference to arbitration preserved)
- In re Chestnut Energy Partners, Inc., 300 S.W.3d 386 (Tex.App.-Dallas 2009) (de novo review of vacatur/confirmation; standards of record evidence)
- Statewide Remodeling, Inc. v. Williams, 244 S.W.3d 564 (Tex.App.-Dallas 2008) (narrow review of arbitration awards; presumptions in favor of award)