Houston COA Holds Trial Court Inappropriately Modified Arbitrator’s Decision Regarding Joint and Several Liability
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Texas’ 14th District Court of Appeals in Houston has amended a trial court’s judgment that modified an arbitrator’s decision. In Broemer v. Houston Lawyer Referral Service, No. 14-12-00337-CV, (Tex. App. – Houston [14th Dist.], July 25, 2013), Houston Lawyer Referral Service (“HLRS”) referred three lawsuits to an attorney named Roslyn Bazzelle. When the firm at which Bazelle was employed closed, she took the cases with her to her new position at W. Fulton Broemer & Associates, L.C. (“B&A”). Bazelle later left B&A, and the named attorney, Broemer, subsequently settled the cases. After the cases were settled, HLRS sought referral fees from Broemer and B&A through arbitration.
Following a hearing, an arbitrator awarded HLRS more than $15,000 in referral fees from B&A. The arbitrator also awarded the organization more than $2,000 from Broemer individually in connection with another case. In his award, the arbitrator specifically stated Broemer should not be held personally liable for the award against B&A. The trial court later confirmed the arbitrator’s award “jointly and severally” against both Broemer and B&A.
On appeal, Broemer and B&A claimed “the trial court erred in denying their application to vacate [the] arbitration award, in assessing liability against B&A, and in holding Broemer jointly and severally liable for the entire amount of the arbitration award.” According to the appeals court, the appellants failed to file a motion to vacate the arbitral award within three months as required by Section 12 of the Federal Arbitration Act. Additionally, the court stated “An application to vacate filed outside the statutory limitations period is untimely and must be denied.”
Read original articleTags: Broemer, Fulton Broemer, Houston Lawyer Referral Service, trial court
