Sitting for the court: Justice Paul W. Green, Justice Nathan L. Hecht, Chief Justice Wallace B. Jefferson, Justice Phil Johnson, Justice David Medina, Justice Dale Wainwright, Justice Don R. Willett, Justice Scott A. Brister, Justice Harriet O'Neill
07-0135
East Texas Salt Water Disposal Co. Inc. v. Richard Leon Werline
from Gregg County and the Sixth District Court of Appeals, Texarkana
For petitioner: Greg Smith, Tyler
For respondent: Gregory J. Wright, Longview
The Supreme Court will hear arguments on the issue is whether a trial court’s order vacating an arbitrator’s award and directing a rehearing give the court of appeals interlocutory jurisdiction. The issue is whether a trial court’s order vacating an arbitrator’s award and directing a rehearing gives the court of appeals interlocutory jurisdiction. In this case the company sued to vacate an arbitrator’s award of two years’ salary, attorney’s fees and arbitration costs to an employee in a dispute over his employment agreement. The trial court vacated the arbitration award, ruling that it resulted from evident partiality, willful misconduct and gross mistake. On appeal, the court reversed and rendered judgment confirming the award, holding that the Texas Arbitration Act allows appellate review of a trial court order denying confirmation of an arbitration award.