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ANCO Insurance Services of Houston, Inc. Doing Business as Wood/Menna & Company v. Ron Romero D/B/A Physicians, Surgeons and Hospitals Professional Services
Citation: Not availableDocket: 04-99-00781-CV
Court: Court of Appeals of Texas; March 28, 2000; Texas; State Appellate Court
Original Court Document: View Document
The dissenting opinion in the case ANCO Insurance Services of Houston, Inc. v. Ron Romero addresses the validity of an arbitration clause within an agreement involving Wood/Menna Company. The opinion asserts that ANCO Insurance Services, which was the only entity authorized to operate as Wood/Menna Company when the agreement was signed, is entitled to enforce the arbitration clause. The dissent emphasizes that the majority's reliance on the existence of Jay Menna Insurance Agency, Inc. operating under the Wood/Menna name and its continued existence after dissolution is irrelevant to the determination of who was bound by the agreement. The dissent argues that the critical facts are that the agreement explicitly names Wood/Menna Company and was signed by Jay Menna on its behalf, thus making ANCO the proper party to invoke the arbitration provision. Consequently, the trial court's decision to deny ANCO's motion to compel arbitration is deemed erroneous. Justice Sarah B. Duncan expresses her respectful dissenting opinion.