U.S. Lawns, Inc. v. Castillo
347 S.W.3d 844
| Tex. App. | 2011Background
- Castillo was injured using a lawnmower during employment with Blue Green Services, L.P., leading to severe neurological injuries and paraplegia.
- Appellees filed suit for personal injuries and loss of consortium against Exmark, The Toro Company, YMCA, and later added U.S. Lawns as a party.
- U.S. Lawns moved to compel binding arbitration with Castillo, asserting an arbitration agreement existed with his employer.
- Trial court denied the motion to compel arbitration after a hearing on November 18, 2010.
- U.S. Lawns appealed under the FAA for interlocutory review; the appellate court reviewed the denial for abuse of discretion.
- Appellees argued waiver of arbitration as a ground to deny arbitration, which the court ultimately noted was waived on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver grounds on appeal preserved? | Lawns argues waiver ground was not challenged on appeal. | Castillo/Arroyo contend waiver is a valid independent ground. | Waiver ground not preserved; issue waived on appeal. |
| Was the denial a general order requiring challenge of all grounds? | Lawns argues the order was not a general order and grounds should not be treated collectively. | appellees contend the order is general and all grounds must be attacked on appeal. | The denial was a general order; Lawns had to challenge all possible grounds. |
Key Cases Cited
- Perry Homes v. Cull, 258 S.W.3d 580 (Tex. 2008) (waiver of arbitration by substantial use of judicial process)
- In re International Bank of Commerce, no official reporter citation provided in text (Tex.App.—Corpus Christi 2008) (treats need to challenge all grounds when trial court's ruling grounds are not stated)
- In re Brock Specialty Servs., Ltd., 286 S.W.3d 649 (Tex.App.—Corpus Christi 2009) (applies summary-judgment-like reasoning to arbitration orders when grounds are not stated)
- Fort Bend County Drainage Dist. v. Sbrusch, 818 S.W.2d 392 (Tex.1991) (grounds not challenged on appeal may affirm on unchallenged ground)
- Garcia v. Barreiro, 115 S.W.3d 271 (Tex.App.—Corpus Christi 2003) (waiver principles applied to appellate grounds)
- Fox v. Maguire, 224 S.W.3d 304 (Tex.App.—El Paso 2005) (requirement to challenge each independent ground)
- Inscore v. Karnes County Sav. & Loan Ass'n, 787 S.W.2d 183 (Tex.App.—Corpus Christi 1990) (need to contest all possible grounds on appeal)
- Walling v. Metcalfe, 863 S.W.2d 56 (Tex.1993) (principles on appellate review and ground preservation)
- Capital Fin. & Commerce AG v. Sinopec Overseas Oil & Gas, Ltd., 260 S.W.3d 67 (Tex.App.—Houston [1st Dist.] 2008) (recitals control over conflicting oral statements in orders)