Second Court of Appeals | Case Summaries

Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of October 22, 2007

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions can be accessed by clicking the cause number then clicking View HTML Version of Opinion.

UBS Fin. Servs., Inc. v. Branton, No. 02-05-00140-CV and In re UBS Fin. Servs., Inc., No. 02-05-00156-CV (Oct. 25, 2007) (Holman, J., joined by Gardner and McCoy, JJ.).: Held: The trial court abused its discretion by denying Appellant's motion to compel arbitration under the Federal Arbitration Act and stay the trial court proceedings because multiple account documents signed by Appellee demonstrate that he consented to arbitrate future disputes and his defense that there was no obligation to arbitrate the claims because there was no meeting of the minds when the documents were signed fails under the separability doctrine. The interlocutory appeal is dismissed as moot.