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Dispute Resolution Keyed to Carbonneau, 8th Ed.
Henry v. Gonzalez
Citation:
18 S.W.3d 684 (2000)Facts
Hector and Noela Gonzalez hired Thomas Henry and Michael Hearn in March 1997 to pursue a medical malpractice action in Falfurrias, Texas. Hector Gonzalez executed a contract with the attorneys that contained an arbitration clause. On December 17, 1997, approximately two weeks before the statute of limitations expired, Henry sent a letter terminating the attorney-client relationship. The Gonzalezes immediately contacted another attorney, Raul Garcia, who encouraged Henry to continue with the case through filing the original petition. Henry subsequently filed a petition in Corpus Christi (an improper venue), titled it as a “pro se” petition despite signing it as attorney of record, did not serve the defendants, and did not notify the Gonzalezes or Garcia that he had filed the petition. The statute of limitations expired without a proper suit being filed. The Gonzalezes then sued Henry and Hearn for legal malpractice, breach of fiduciary duty, and violations of the Deceptive Trade Practices Act, and sought a declaratory judgment that the arbitration clause was unenforceable. Henry and Hearn moved to compel arbitration against Hector Gonzalez.
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