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HOUSTON VILLAGE BUILDERS, INC. v. FALBAUM

Nos. 14-01-01005-CV, 14-02-00443-CV.

105 S.W.3d 28 (2003)

HOUSTON VILLAGE BUILDERS, INC., Appellant, v. William Craig FALBAUM and Jennifer P. Falbaum, Appellees. In re Houston Village Builders, Inc., Relator.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled May 22, 2003.

Attorney(s) appearing for the Case

C. Henry Kollenberg, Houston, for appellant.

James T. Evans, Victoria Fair Woo, Evans Law Office, Houston, for appellees.

Panel consists of Justices YATES, FOWLER, and FROST.

OPINION

LESLIE BROCK YATES, Justice.

The trial court vacated an arbitration award based on "evident partiality" by the sole arbitrator. See Tex. Civ. Prac. & Rem. Code Ann. § 171.088(a)(2)(A) (Vernon Supp.2002). The court concluded the arbitrator exhibited evident partiality by failing to disclose information that he was under a duty to disclose. The prevailing party in the arbitration proceeding brought both an interlocutory appeal and a...

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