Supreme Court of Texas Blog: Legal Issues Before the Texas Supreme Court

No. 14-1019
TAMES

YVONNE CARDWELL v. WHATABURGER RESTAURANTS LLC

The Court requested full merits briefing on June 12, 2015. The Court issued an opinion resolving the case on February 26, 2016. File Closed

In the news...

Tracking 2 articles about this case.

March 9, 2016

Supreme Court of Texas Overturns Appellate Court's Arbitration Order in El Paso Employment Dispute

from SCOTXblog

The Court has issued opinions:

February 26, 2016

Personal jurisdiction in a defamation case that crosses borders; interpreting an oil-and-gas agreement [Feb. 26, 2016]

from SCOTXblog

The article also mentions:
  • APACHE DEEPWATER, LLC v. MCDANIEL PARTNERS, LTD.
  • TV AZTECA, S.A.B. DE C.V., PATRICIA CHAPOY, AND PUBLIMAX, S.A. DE C.V. v. GLORIA DE LOS ANGELES TREVINO RUIZ, INDIVIDUALLY AND ON BEHALF OF A MINOR CHILD, A.G.J.T., AND ARMANDO ISMAEL GOMEZ MARTINEZ
  • Opinion

    February 26, 2016

    Percuriam

    Per Curiam OpinionView Electronic Briefs | Oral Argument N/A | Video N/A PDF

     

    Court of Appeals

    Appellate District:8th Court of Appeals
    Outcome Below:Reverse & Remand
    COA Docket No.:08-13-00280-CV
    Opinion Author:Honorable Guadalupe Rivera

    Trial Court

    Trial Court:County Court at Law No 7
    County:El Paso
    Trial Judge:Honorable Thomas A. Spieczny
    Trial Docket:2013DCV0910

    Entries on SCOTX Orders Lists

    Docket Entries

    Date Event Outcome  
    2016-04-07 Mandate issued  
    2016-02-26 Petition for Review disposed Petition granted pursuant to TRAP 59.1
    2016-02-26 Court approved judgment sent to attorneys of record Issued
    2016-02-26 Petition for Review granted under TRAP 59.1
    2016-02-26 Opinion issued   Court of Appeals' judgment reversed; remanded to Court of Appeals
      This case was pending on merits briefs between November 10, 2015 and February 26, 2016.  
    2015-11-10 Notice from Counsel of a change in address  
      This case was pending on merits briefs between September 8, 2015 and November 10, 2015.  
    2015-09-08 Brief on the Merits (Respondent)  
    2015-08-10 Motion for Extension of Time to File Brief filed  
    2015-08-10 Motion for Extension of Time disposed.   Filing granted
    2015-07-27 Brief on the Merits (Petitioner)  
    2015-07-23 Motion for Extension of Time disposed.   Filing granted
    2015-07-23 Motion for Extension of Time to File Brief filed  
    2015-07-22 Electronic communication sent to Party  
    2015-06-24 Case Record Filed  
    2015-06-17 Record Requested in Petition for Review  
    2015-06-12 Brief on the Merits Requested  
      This case was waiting for a decision about briefing or a possible grant between March 27, 2015 and June 12, 2015.  
    2015-03-27 Response to Petition (Respondent)  
    2015-02-27 Supreme Court of Texas Requested Response  
    2015-01-27 Case forwarded to Court
    2015-01-26 Response Waiver filed  
    2015-01-23 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
    2015-01-23 Electronic communication sent to Party  
    2015-01-23 Electronic communication received from Party  
    2015-01-22 Petition for Review (Petitioner)  
    2015-01-22 Second Motion for Extension of Time to File Petition for Review filed  
    2014-12-08 Motion for Extension of Time to File Petition for Review filed  
    2014-12-08 Motion for Extension of Time to File Petition for Review disposed   Filing granted

    Parties

    Party Counsel Role
    Cardwell, Yvonne
    Mr. Jeffrey B. Pownell
    Mr. James D. Tawney
    Petitioner
    Whataburger Restaurants LLC
    Mr. Samuel Wesley Butler
    Mr. Craig Alan McDougal
    Mr. W. Alan Wright
    Christin J. Jones
    Respondent
     
     

    Court of appeals must address all issues necessary to judgment

    appellate rules

    In an employee-arbitration case, the trial court agreed with an employee that the agreement was unconscionable. Its ordered addressed only some of the employee's arguments, leaving the others unanswered.

    On appeal, the employee urged those other grounds as alternate reasons to affirm. The court of appeals reversed and ordered arbitration (the equivalent here of a rendition, not a remand), declining to consider the employee's alternate grounds:

    The court did not address any other arguments that Cardwell raised to oppose arbitration, explaining without authority that “as the trial court did not base its determination of unconscionability on those grounds, we need not consider them.” The court of appeals observed in a footnote that Cardwell had not cross-appealed from the trial court’s findings and conclusions or complained of the omission of findings and conclusions.

    The Texas Supreme Court reversed that outcome, remanding to the court of appeals to consider those alternative grounds. The Court noted that a party defending the trial court's judgment need not perfect a cross-appeal and that Texas Rule of Appellate Procedure 47.1 says "[t]he court of appeals 'must hand down a written opinion that . . . addresses every issue raised and necessary to final disposition of the appeal.'”

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