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Henry v. Gonzalez

18 S.W.3d 684 (2000)

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Henry v. Gonzalez

Texas Court of Appeals
18 S.W.3d 684 (2000)

  • Written by Alexander Hager-DeMyer, JD

Facts

Hector Gonzalez (plaintiff) and his wife hired Thomas Henry and Michael Hearn (attorneys) (defendants) to represent them in a medical-malpractice suit. Gonzalez signed a client contract with the attorneys that included an arbitration provision. The provision stated that all disputes related to the services rendered by the attorneys would be settled through arbitration. Two weeks prior to the expiration of the statute of limitations on Gonzalez’s claim, the attorneys notified Gonzalez that they would be terminating the client contract. As a result, Gonzalez was unable to file a proper suit before the statute of limitation expired. Gonzalez filed suit against the attorneys for legal malpractice, breach of fiduciary duty, and other grounds. The attorneys moved to compel arbitration under the Federal Arbitration Act (FAA), citing the arbitration provision of the client contract. Gonzalez filed a motion for summary judgment. The trial court ruled in favor of Gonzalez, granting summary judgment and denying compelled arbitration. The attorneys appealed to the Texas Court of Appeals. Gonzalez argued that the agreement violated public policy and that he was fraudulently induced to agree to arbitration.

Rule of Law

Issue

Holding and Reasoning (Angelini, J.)

Dissent (Hardberger, C.J.)

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