Court of Appeals of Texas, Fourth District, San Antonio
the 37th Judicial District Court, Bexar County,
Texas Trial Court No. 2016CI04489 Honorable
Antonia Arteaga, Judge Presiding
Sitting: Karen Angelini, Justice Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Patricia O. Alvarez, Justice
Advisors, L.P. appeals the trial court's judgment
confirming an arbitration award. Shopoff contends the trial
court erred by granting the appellees' motion to confirm
the arbitration award without considering its pending motion
to vacate. Shopoff also contends the trial court erred by
entering a judgment that does not conform to the arbitration
award. We modify the portion of the judgment setting forth
the amount to be distributed to Shopoff from the deposit at
the title company, and we affirm the judgment as modified.
four-day arbitration hearing, a panel of arbitrators issued a
final award on March 29, 2017. On April 4, 2017, the
appellees filed a motion to confirm the award which was set
for a hearing on April 12, 2017.
April 6, 2017, Shopoff filed a first amended original
petition and response to motion to confirm. On April 11,
2017, Shopoff filed a second amended petition and motion to
April 12, 2017, a hearing was held on the appellees'
motion to confirm. At the hearing, Shopoff's attorney
conceded its motion to vacate was not set, but he argued
section 171.088(c) of the Texas Arbitration Act (TAA)
precluded the trial court from hearing the motion to confirm
before hearing the motion to vacate. When the trial court
ruled the hearing on the motion to confirm would proceed,
Shopoff's attorney made a verbal motion for continuance,
asking the trial court to postpone the hearing for a week and
then hear both motions together. The trial court denied the
continuance. At the conclusion of the hearing, the trial
court granted the motion to confirm and signed a final
judgment. Shopoff appeals.
review a trial court's decision to confirm an arbitration
award under a de novo standard of review. Denbury
Onshore, LLC v. Texcal Energy S. Tex., L.P., 513 S.W.3d
511, 515 (Tex. App.-Houston [14th Dist.] 2016, no pet.);
SSP Holdings Ltd. P'ship v. Lopez, 432 S.W.3d
487, 492 (Tex. App.-San Antonio 2014, pet. denied). "In
a de novo review, the trial court's decision is given no
deference." Lopez, 432 S.W.3d at 492.
Pending Motion to Vacate
first issue, Shopoff contends the trial court erred by
granting the appellees' motion to confirm the arbitration
award without considering its pending motion to vacate.
Specifically, Shopoff asserts, "[i]f a motion to vacate
an arbitration award is filed prior to confirmation of the
award and within the 90 day limitations period, " the
trial court cannot "skip over the motion to vacate and
proceed straight to confirming the award." Therefore,
Shopoff contends "the trial court erred by holding a
hearing on [the appellees'] motion to confirm ahead of
Shopoff's motion to vacate, and by denying Shopoff's
request for a continuance to hear the motions together."
appellees respond the trial court did not err because Shopoff
did not set a hearing on its motion to vacate. In addition,
the appellees contend Shopoff waived any error ...