SettlePou Obtains Another Appellate Victory

06.12.18

The Dallas Court of Appeals affirmed a trial court’s order confirming an arbitration award in favor of Mike Bowman of Century 21 Mike Bowman. After securing a favorable arbitration award on a realtor procuring cause dispute, David M. O’Dens and SettlePou successfully opposed the losing party’s claims seeking to vacate the arbitration award and secured an order confirming the award in the 366^th Judicial District Court of Collin County. On appeal, the losing parties raised a number of issues addressed to the validity of the arbitration award and alleged bias of an arbitrator, all of which were squarely rejected by the Court of Appeals. On appeal, Bowman brought a cross-appeal on the trial court’s order denying him recovery of his attorneys’ fees. During the appeal, the National Association of Realtors and Texas Association of Realtors filed an amicus brief in support of Bowman’s position. As noted, the Court of Appeals affirmed confirmation of the arbitration award, but SettlePou also successfully argued and obtained a reversal of the trial court’s decision not to award Bowman attorneys’ fees for having to defend and secure confirmation the arbitration award. The case was remanded to the trial court for a determination of the attorneys’ fees to be awarded to Bowman.

The case is John Prell, et al. v. Mike Bowman, No. 05-17-00369-CV (Tex. App. – Dallas Jun. 4, 2018) (mem. op.).