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DEALER COMPUTER SERVICES v. OLD COLONY MOTORS

No. 09-20049.

588 F.3d 884 (2009)

DEALER COMPUTER SERVICES, INC., doing business as Universal Computer Services, Inc., doing business as Universal Computer Network, Inc., doing business as Universal Computer Consulting Ltd., Plaintiff-Appellee, v. OLD COLONY MOTORS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 19, 2009.

Attorney(s) appearing for the Case

John C. Allen (argued), Houston, TX, for Plaintiff-Appellee.

Shelly Lynn Skeen, Richard David Faulkner (argued), Blume & Faulkner, PLLC, Richardson, TX, Mark Allen Counts, Counts & Bonacci, Houston TX, for Defendant-Appellant.

Before GARWOOD, OWEN and SOUTHWICK, Circuit Judges.

GARWOOD, Circuit Judge:

Dealer Computer Services, Inc., (Dealer Services) sued under 9 U.S.C. § 4 to compel Old Colony Motors, Inc., to pay a deposit in the underlying arbitration. In that arbitration, Old Colony informed the arbitrators that it could not afford to pay its share of the required deposit before the final arbitration. The arbitrators asked Dealer Services to pay the full deposit. Dealer Services refused and brought this suit to compel the arbitration...

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