Jottings By An Employer's Lawyer

Thursday, March 13, 2003

Case to Be Stayed, Not Dismissed Following Motion to Compel Arbitration


The First Court of Appeals is forced to wade into the murky waters of jurisdiction following the granting of a motion to compel arbitration by the district court. For the most part, it concludes it lacks jurisdiction to hear the matter, but does find sufficient jurisdiction to reverse the portion of the trial court's order dismissing the case. Brooks v. Pep Boys Automotive Centers(Tx. Ct. App. - Houston [1st Dist.] 3/13/03). The correct ruling according to the Court is to stay the matter pending the arbitration.

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