Reversed and Rendered and Memorandum Opinion filed December 29, 2020

In The

Fourteenth Court of Appeals

NO. 14-20-00630-CV

TEXAN FORD, INC. D/B/A AUTONATION FORD KATY, Appellant

V.

ANITA ALBA-MERAZ, Appellee

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 2019-46397

MEMORANDUM OPINION

Appellant filed an accelerated interlocutory appeal arguing the trial court 

erred in denying the parties’ agreed motion to abate the appeal for arbitration. 

Appellee joins the arguments in the brief filed by appellant. Because we hold the 

trial erred in denying the parties’ agreed motion, we reverse the trial court’s order 

denying the agreed order to abate and render judgment granting the agreed order to 

abate. 
2

BACKGROUND

Appellee purchased a vehicle from appellant and signed an arbitration 

agreement pursuant to that purchase. Appellee experienced a variety of problems 

with her vehicle and brought suit against appellant. Appellant promptly produced 

the arbitration agreement and counsel for both parties agreed it was enforceable. 

On October 25, 2019, appellee filed her demand for arbitration with the 

American Arbitration Association. Shortly thereafter, the parties drafted an agreed 

motion to abate the trial court proceedings. The parties attempted to electronically 

file the agreed motion with the trial court. Unbeknownst to the parties, the motion 

was not transmitted to the court. The parties proceeded with arbitration. 

On July 7, 2020, the parties received a notice of docket call and learned their 

case was set for trial on August 3, 2020. Three days later, the parties properly filed 

the agreed motion to abate. On the same day, the trial court denied the parties’

agreed motion to abate. The trial was reset for December 21, 2020. This appeal 

followed.

ANALYSIS

Both parties agree the arbitration agreement covers the entirety of the claims 

asserted by appellee in the underlying matter. The underlying matter is in 

arbitration before the American Arbitration Association in accordance with the 

agreement of the parties. The final arbitration hearing is scheduled for January 6, 

2021. 

Both the Federal and Texas Arbitration Acts require courts to stay litigation 

of issues that are subject to arbitration. In re Merril Lynch Trust Co. FSB, 235 

S.W.3d 185, 195 (Tex. 2007); 9 U.S.C. § 3; Tex. Civ. Prac. Rem Code §§ 171.025, 

172.174. When an issue is pending in both arbitration and litigation, the Federal 
3

Arbitration Act generally requires the arbitration to go forward first; arbitration 

“should be given priority to the extend it is likely to resolve issues material to this 

lawsuit.” Merrill Lynch, 235 S.W.3d at 195 (quoting, AgGrow Oils, L.L.C. v. Nat’l 

Union Fire Ins. Co., 242 F. 3d 777, 783 (8th Cir. 2001)). 

When considering a motion to compel arbitration, a court must determine 

whether a valid arbitration agreement exists, and whether the claims in the dispute 

fall within its scope. In re Rubiola, 334 S.W.3d 220, 223 (Tex. 2011) (orig.

proceeding). If a valid arbitration agreement exists, then a strong presumption 

arises favoring arbitration, and the burden shifts to the party opposing arbitration to 

raise an affirmative defense to its enforcement. J.M. Davidson, Inc., 128 S.W.3d at 

227. Appellee agrees there is a valid agreement and that appellees claims fall 

within the scope of that agreement. 

In this case, neither party disputes the enforceability of the arbitration 

agreement. Because there is no dispute as to whether there is an enforceable 

arbitration agreement, we hold the trial court abused its discretion in denying the 

motion to abate. See Mantas v. Fifth Court of Appeals, 925 S.W.2d 656 (Tex. 

1996) (holding court of appeals abused its discretion by refusing to abate appeal 

where parties were already engaged in resolution proceedings).

We reverse the trial court’s order denying the agreed motion to abate and 

render judgment granting the agreed order to abate. 

PER CURIAM

Panel Consists of Justices Christopher, Wise, and Hassan.