Uberwurx, LLC v. Truxx Outfitters, LLC, and Steven Magers ( 2021 )


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  • Motion denied and Order filed September 16, 2021
    In The
    Fourteenth Court of Appeals
    ____________
    NO. 14-21-00389-CV
    ____________
    UBERWERX, LLC, Appellant
    V.
    TRUXX OUTFITTERS, LLC AND STEVEN MAGERS, Appellees
    On Appeal from the 11th District Court
    Harris County, Texas
    Trial Court Cause No. 2019-60879
    ORDER
    This appeal is from a judgment signed June 21, 2021 confirming and
    approving an arbitration award. Appellees Truxx Outfitters, LLC and Steven
    Magers seek to dismiss the appeal on the basis that a contractual provision of the
    parties’ Asset Purchase Agreement, which includes an agreement to arbitrate
    various disputes, deprives this court of jurisdiction over the appeal. That provision
    declares that “[a]ny award rendered by the Arbitrator [to the parties’ dispute] shall
    be final and binding and not subject to appeal.”
    This court previously analyzed whether a similarly phrased provision of an
    arbitration agreement waived a party’s appellate rights in Center Rose Partners, Ltd. v.
    Bailey, 
    587 S.W.3d 514
     (Tex. App.—Houston [14th Dist.] 2019, no pet.). The
    provision in that case declared that arbitrators’ decisions shall be “final, binding[,] and
    non-appealable.” 
    Id. at 521
    . We held that the plain meaning of the agreement’s
    language “d[id] not constitute an express agreement to waive the right to appeal a
    judgment rendered on the arbitrator’s award.” 
    Id. at 523
    . We reach the same decision
    here for essentially the same reasons elaborated on in Center Rose Partners.
    Accordingly, appellees’ motion to dismiss is denied.
    PER CURIAM
    Panel Consists of Justices Wise, Bourliot, and Zimmerer.
    2
    

Document Info

Docket Number: 14-21-00389-CV

Filed Date: 9/16/2021

Precedential Status: Precedential

Modified Date: 9/20/2021