Friedman & Feiger, LLP v. Robert E. Massey, Individually and as Independent of the Estate of William Earl Massey

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-18-00402-CV
FRIEDMAN & FEIGER, LLP, Appellant § On Appeal from
§ County Court at Law No. 2
V. § of Parker County (CIV-15-0299)
§ July 18, 2019
ROBERT E. MASSEY, INDIVIDUALLY § Opinion by Justice Gabriel
AND AS INDEPENDENT EXECUTOR OF
THE ESTATE OF WILLIAM EARL
MASSEY, Appellee
JUDGMENT ON REHEARING
After reviewing appellee Robert E. Massey, Individually and as Independent
Executor of the Estate of William Earl Massey’s motion for rehearing, we deny the
motion. We withdraw our June 6, 2019 opinion and judgment and substitute the
following.
This court has considered the record on appeal in this case and holds that there
was error in the trial court’s order. We reverse the trial court’s order denying
Friedman & Feiger, LLP’s motion to compel arbitration and remand to the trial court
for entry of an order compelling to arbitration the counterclaims appellee Robert E.
Massey, Individually and as Independent Executor of the Estate of William Earl
Massey asserted in the “Defendants’ Original Counterclaim” filed on August 7, 2018,
pursuant to the parties’ arbitration agreement.
It is further ordered that appellee Robert E. Massey, Individually and as
Independent Executor of the Estate of William Earl Massey shall bear the costs of
this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Lee Gabriel
Justice Lee Gabriel