Court of Appeals of Texas, Fourth District, San Antonio
Raymond G. ROMERO, Appellant
Frank HERRERA, Jr., Appellee
the 285th Judicial District Court, Bexar County, Texas Trial
Court No. 2018CI08392 Honorable Karen H. Pozza, Judge
Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D.
Chapa, Justice Beth Watkins, Justice
Elena D. Chapa, Justice
Herrera, Jr. filed the underlying suit to enjoin part of an
ongoing arbitration proceeding and sought a declaration from
the trial court that one of his several contract disputes
with Raymond Romero is not arbitrable. Romero filed a motion
to compel arbitration, which the trial court denied. The
trial court rendered a partial summary judgment order
declaring the disputed contract claim not arbitrable. We
reverse the trial court's order denying the motion to
compel and remand with instructions. We dismiss Romero's
appeal of the partial summary judgment order.
and Romero, as well as two others who are not parties to this
appeal, entered into four agreements for purposes of forming
a business entity that would provide wheel and tire
manufacturing and assembly services to Toyota Motor
Manufacturing Texas, Inc., located in San Antonio, Texas. Two
of the four agreements, described below, contain arbitration
• The Joint Venture Agreement (the Valiente
Agreement): This contract is a joint venture
agreement executed on December 15, 2004, to create Valiente
International Ventures. This contract, signed by Herrera and
Romero in their individual capacities, does not contain an
• Limited Partnership Agreement: This
contract was executed on December 16, 2004, and formed a
limited partnership, Hero Assemblers. This contract contains
an arbitration agreement and was signed by Herrera and Romero
in their individual capacities.
• The Company Agreement: This contract
was executed on December 16, 2004, to form Hero Management to
serve as Hero Assemblers' general partner. This contract
also contains an arbitration agreement and was signed by
Herrera and Romero in their individual capacities.
• Non-Compete Agreement: This contract
was executed on December 16, 2004, and the parties agreed not
to compete in North America. This Non-Compete contract is
incorporated by reference into both the Limited Partnership
Agreement and the Company Agreement, but does not itself
contain an arbitration agreement.
February 2018, Romero filed claims in arbitration against
Herrera for allegedly starting a competing company in Mexico.
In the arbitration proceeding, Romero alleged Herrera
breached the Non-Compete Agreement, and further alleged
Herrera's breach of the Non-Compete Agreement breached
the other three agreements.
filed a lawsuit against Romero in district court seeking a
declaratory judgment, injunctive relief, and attorney's
fees. Herrera sought numerous declarations including:
• "The Valiente Agreement does not authorize
Defendant to compel the arbitration of his claims or requests
for relief against Plaintiff which arise from or relate to
the Valiente Agreement";
• The Valiente Agreement does not include any of the
terms and conditions of the Company and Limited ...