HOUSTON - Yesterday, the First Court of Appeals affirmed a ruling denying Tony Buzbee and his law firm’s motion to compel arbitration in a legal dispute with another law firm over fees from a settlement.
According to the opinion, the Houston law firm of Terry & Thweatt (T&T) signed a contract with two individuals seeking representation in a wrongful death claim. One day later, however, the individuals meet with The Buzbee Law Firm and then sent an email to T&T terminating the contract.
Buzbee filed a claim on behalf of the individuals and the case settled. The dispute between the firms ensued afterward, with T&T eventually suing Buzbee for tortious interference with the contract.
Court records show Buzbee filed a motion to dismiss, which was denied. The ruling was affirmed on appeal and the Texas Supreme Court denied Buzbee’s petition for review.
Buzbee then filed a motion to compel arbitration, which was also denied, leading him to appeal.
On appeal, Buzbee argued that an arbitration agreement applied to the dispute between the two firms and that he did not waive arbitration by substantially invoking the judicial process.
The First Court concluded Buzbee "sought a second bite at the apple through arbitration.”
“Having determined that Buzbee substantially invoked the judicial process to T&T’s prejudice, we overrule Buzbee’s second issue,” the opinion states. “We affirm the trial court’s order denying Buzbee’s motion to compel arbitration.”
Case No. 01-23-00123-CV