· 7/28/2005
Hamm v. Millennium Income Fund, L.L.C.
Citations
- 178 S.W.3d 256
- 2005 Tex. App. LEXIS 5871
- 2005 WL 1774999
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding the trial court was entitled to summarily deny an untimely motion to vacate or modify an arbitration award
- noting that a party who moves to vacate, modify, or correct an arbitration award after the award has been confirmed and final judgment rendered has waived that challenge
- likening grounds for vacatur to affirmative defenses under Texas Rule of Civil Procedure 94
- stating appellate court may not evaluate trial judge = s ruling on arbitration award based on materials not presented to judge before such ruling
- parties’ continuance motion not verified or accompanied by affidavit, and “[f]or th[at] reason alone,” trial court did not err in overruling continuance motion
- “The trial court had no discretion but to confirm the arbitration award if the Hamm parties did not file a motion to vacate or to modify (or otherwise challenge in any way) the award before the ruling on Millennium’s motion to confirm.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tim Taft
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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