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Richmont Holdings Inc. v. Superior Recharge Systems L.L.C.

Finding waiver, the trial court denied a motion to compel arbitration under the Texas General Arbitration Act, and the court of appeals affirmed. The suit involves an asset purchase agreement including a provision for binding arbitration of any dispute relating to the agreement, and an employment agreement that did not include an arbitration provision. The only defense raised to the asset agreement was waiver. The court of appeals' judgment is reversed and remanded to the court of appeals for consideration of the waiver issue. Texas Supreme Court, No. 12-0142, 01-25-2013.

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This is an interlocutory appeal from an order denying a motion to compel arbitration under the Texas General Arbitration Act. See T EX. CIV. PRAC. & REM. CODE § 171.098(a)(1). The trial court denied the motion, concluding that the movant had waived its right to arbitration. The court of appeals affirmed the order denying arbitration, but for a different reason. The appellate court concluded that the movant failed to establish the existence of an arbitration agreement covering the dispute and therefore did not reach the waiver issue. ___ S.W.3d ___, ___ (Tex. App.-Fort Worth 2012) (mem. op.). Because we conclude that the movant established the existence of an applicable arbitration agreement, we reverse and remand to the court of appeals.

Richmont Holdings, Inc. owns a number of businesses that manufacture and distribute ink jet and laser print cartridges. In 2007, Richmont, through one of its affiliates, Superior Acquisition,

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