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RICHMONT HOLDINGS v. SUPERIOR RECHARGE SYS.

No. 12-0142.

392 S.W.3d 633 (2013)

RICHMONT HOLDINGS, INC., Nukote Holdings, Inc., Nukote International, Inc., Inkbrary, L.L.C., Superior Acquisitions, L.L.C., Co., John P. Rochon, Sr., John P. Rochon, Jr., Kelly Kittrell, Russell Mack, C & R Services, Inc. and Kenneth R. Schlag, Petitioners, v. SUPERIOR RECHARGE SYSTEMS, L.L.C., a Texas Limited Liability Company, and Jon Blake, Respondents.

Supreme Court of Texas.

January 25, 2013.

Attorney(s) appearing for the Case

Scott Ryan Doody , Law Offices of Scott R. Doody, Irving, TX, for Richmont Holdings, Inc.

Stephen D. Colbert , Colbert Johnston PLLC, Flower Mound, for Superior Recharge Systems, LLC.

PER CURIAM.

This is an interlocutory appeal from an order denying a motion to compel arbitration under the Texas General Arbitration Act. See TEX. CIV. PRAC. & REM.CODE § 171.098(a)(1). The trial court denied the motion, concluding that the movant had waived its right to arbitration. The court of appeals affirmed the order denying arbitration, but for a different reason. The appellate court concluded that the movant failed to establish the existence...

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