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Werline v. East Texas Salt Water Disposal Company, Inc.

Because the arbitrator did not commit such a gross mistake that would imply bad faith or failure to exercise honest judgment, the trial court erred in denying Richard Leon Werline's application to confirm the award. Texarkana Court of Appeals, 06-06-00039-CV

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Before Morriss, C.J., Ross and Carter, JJ.

OPINION

Richard Leon Werline appeals the denial of his application to confirm an arbitration award rendered in his favor under the Texas Arbitration Act (TAA).*fn1 Werline had instituted an arbitration proceeding against East Texas Salt Water Disposal Company, Inc. (East Texas) for breaching its contractual duty to employ Werline as its operations manager. The arbitrator found East Texas had materially breached the contract and awarded Werline twenty-four months’ pay as damages, consistent with the terms of Werline’s employment contract. When Werline filed an application to confirm the award, East Texas filed a motion to vacate the award, alleging that there was no evidence to support the arbitrator’s decision and that the arbitrator committed a gross mistake. The trial court denied Werline’s motion to confirm, granted East Texas’ motion to vacate, and directed a rehearing before another arbitrator. Werline brings this interlocutory appeal.

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