No. 03-15-00422-CV 

IN THE

THIRD COURT OF APPEALS

AT AUSTIN, TEXAS

Shakeel Mustafa, 

Appellant

v.

Felix Rippy, 

Appellee

Appealed from Cause No. 15-0708-CC4 in the 

County Court at Law Number Four, Williamson County, Texas

Appellant’s Motion for Rehearing

APPELLANT REQUESTS ORAL ARGUMENT

Christopher D. Osborn

State Bar No. 24037221

Osborn Law Firm, P.C.

1019 Cecelia St.

Taylor, Texas 76574

512-275-6593

512-309-5317 fax

chris@osbornpc.com

Attorney for Appellant

ACCEPTED

03-15-00422-CV

6850555

THIRD COURT OF APPEALS

AUSTIN, TEXAS

9/9/2015 3:18:35 PM

JEFFREY D. KYLE

CLERK

 RECEIVED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/9/2015 3:18:35 PM JEFFREY D. KYLE Clerk
2

TABLE OF CONTENTS

TABLE OF CONTENTS . . . . . . . . 2

INDEX OF AUTHORITIES . . . . . . . . 2

ISSUES PRESENTED FOR REVIEW . . . . . . 4

STATEMENT OF FACTS . . . . . . . . 4

ARGUMENT . . . . . . . . . . 6

Issue One. This court has jurisdiction to consider the interlocutory 

appeal of Appellant related to the denial of his motion to compel 

arbitration pursuant to the AAA Consumer Arbitration Rules.

PRAYER . . . . . . . . . . . 10

CERTIFICATE OF SERVICE . . . . . . . . 11

APPENDIX . . . . . . . . . . 12

INDEX OF AUTHORITIES

Federal Code:

9 U.S.C. § 16 . . . . . . . . . 3, 4

Texas Statutes:

TEX. CIV. PRAC. & REM. CODE § 51.016. . . . . 3, 4

TEX. CIV. PRAC. & REM. CODE § 154.027 . . . . 4

Texas Case Law:

CMH Homes v. Perez, 340 S.W.3d 448 (2011) . . . . 4

Little v. Tex. Dep't of Crim. Justice, 148 S.W.3d 374 (Tex.2004) . 4
3

ISSUES PRESENTED FOR REVIEW

Issue One. This court has jurisdiction to consider the interlocutory appeal of 

Appellant related to his motion to compel arbitration pursuant to the AAA Consumer 

Arbitration Rules.

STATEMENT OF FACTS

Rippy filed a collection lawsuit against Mustafa, a former client of Rippy. 

Rippy’s original petition requested Mustafa be jailed for 180 days, fined up to $500, 

and confined in the county jail until Mustafa paid the alleged debt. Each party 

submitted motions to compel arbitration, with the difference being that Mustafa 

requested the AAA Consumer Arbitration Rules be applied. The Honorable John 

McMaster granted Rippy’s motion to compel arbitration and denied Mustafa’s 

motion. Mustafa’s subsequent motion to stay the case pending arbitration was 

granted, and the Honorable Gary Harger was appointed arbitrator with authority to 

decide all questions of law and fact.

ARGUMENTS AND AUTHORITIES

Section 51.016 of the Texas Civil Practice and Remedies Code provides that 

a party may appeal a judgment or interlocutory order "under the same circumstances 

that an appeal from a federal district court's order or decision would be permitted by 

9 U.S.C. Section 16." TEX. CIV. PRAC. & REM. CODE § 51.016. Section 16 of 

the FAA provides that “(a) An appeal may be taken from (1) an order (A) refusing a 
4

stay of any action under section 3 of this title, (B) denying a petition under section 4 

of this title to order arbitration to proceed, (C) denying an application under section 

206 of this title to compel arbitration . . . .” 9 U.S.C. § 16. 

Civil Practice and Remedies Code section 51.016 expressly adopts federal 

law. Thus, an interlocutory appeal is permitted only if it would be permitted under 

the same circumstances in federal court under section 16. CMH Homes v. Perez, 340 

S.W.3d 448-9 (2011) (citing Little v. Tex. Dep't of Crim. Justice, 148 S.W.3d 374, 

381-82 (Tex.2004) (examining federal law when interpreting state statute that 

incorporated federal statute)).

In this case, Appellant is not contesting the existence of an arbitral agreement. 

To the contrary, Appellant is appealing the denial of his motion to compel mediation 

then arbitration pursuant to the agreement and AAA Consumer Arbitration Rules. 

The agreement between the parties provides “THE PARTIES AGREE TO 

MEDIATE ALL SUCH DISPUTES PRIOR TO ARBITRATION.” (emphasis in 

original). Appellant’s motion to the trial court requested mediation and arbitration 

be initiated following the AAA Consumer Arbitration Rules, pursuant to the Federal 

Arbitration Act (9 U.S.C. sec 1 et seq.) and/or pursuant to Texas Civil Practice & 

Remedies Code section 154.027.

The denial of Appellant’s motion to compel arbitration constitutes an order 

from which an interlocutory appeal is authorized under the FAA. 9 U.S.C. § 16. 
5 

Thus, Appellant requests this court reconsider its ruling that it does not have 

jurisdiction to hear this interlocutory appeal. Therefore, Appellant requests the 

opportunity to fully address this issue through argument to this Court.

PRAYER

For the reasons stated in this motion, Appellant asks the Court to grant this 

motion for rehearing, withdraw its opinion, recognize it has jurisdiction, and allow 

Appellant to fully brief this issue.

Respectfully submitted,

/s/ Chris Osborn .

Christopher Osborn

State Bar No. 24037221

Osborn Law Firm, P.C.

1019 Cecelia St.

Taylor, TX 76574

512-275-6593

512-309-5317

chris@osbornpc.com

Attorney for Appellant
6 

CERTIFICATE OF COMPLIANCE

In accordance with the Texas Rules of Appellate Procedure 9.4, the 

undersigned attorney of record certifies that this brief contains 14-point typeface for 

the body of the document, 12-point typeface for footnotes in the brief, and contains 

510 words as indicated by the word count software, excluding those words identified 

as exempt from the word count under the rule and was prepared on Microsoft Word.

/s/ Chris Osborn .

Christopher Osborn

CERTIFICATE OF SERVICE

I certify that a copy of Appellant’s Brief was served on Appellee, Felix Rippy, via 

electronic mail before 5:00 p.m. this 9th day of September, 2015.

/s/ Chris Osborn .

Christopher Osborn

I certify that I contacted Appellee, Felix Rippy, via electronic mail to 

felixrippy@aol.com on September 9, 2015, and he is opposed to this motion. 

/s/ Chris Osborn .

Christopher Osborn

CERTIFICATE OF CONFERENCE
APPENDIX

APPENDIX

EXHIBIT 1 – APPELLANT’S MOTION TO COMPEL ARBITRATION 

PURSUANT TO THE AAA CONSUMER ARBITRATION RULES

(Exhibit 1 includes the arbitration agreement as an attachment)
Defendant’s Motion to Compel Mediation and Arbitration Pursuant to AAA Consumer Arbitration Rules

Page 1

Cause No. 15-0708-CC4

FELIX RIPPY,

Plaintiff

v.

SHAKEEL MUSTAFA,

Defendant

§

§

§

§

§

§

§

IN THE COUNTY COURT

AT LAW NUMBER 4

WILLIAMSON COUNTY, TEXAS

DEFENDANT’S OBJECTION TO PLAINTIFF’S ASSSIGNMENT, AND

DEFENDANT’S MOTION TO COMPEL MEDIATION THEN ARBITRATION PURSUANT TO AAA 

CONSUMER ARBITRATION RULES AND IN THE ALTERNATIVE MOTION TO DISMISS

1. Shakeel Mustafa, Defendant, asks the Court to refer the dispute between Rippy & 

Taylor, P.C. and Shakeel Mustafa, Individually, to alternative dispute resolution (ADR) under 

the authority of Texas Civil Practice & Remedies Code and pursuant to the Federal 

Arbitration Act. Defendant alternatively requests that Plaintiff’s petition be dismissed for 

failure to cure defects noted in Defendant’s Special Exceptions and due to the defective 

purported assignment.

INTRODUCTION

2. Plaintiff, Felix Rippy, Individually, filed suit against Shakeel Mustafa. The attorneyclient agreement attached to Plaintiff’s Original Petition is between Rippy and Taylor, P.C. 

and Mr. Mustafa. After Defendant filed special exceptions objecting to the case filed on behalf 

of Felix Rippy, Individually, and after this Court’s order allowing Plaintiff to re-plead on June 

12, 2015, the style of this case remains filed on behalf of Felix Rippy, Individually. Plaintiff 

failed to cure the defects, instead alleging that all claims have been assigned to him, 

individually.
Defendant’s Motion to Compel Mediation and Arbitration Pursuant to AAA Consumer Arbitration Rules

Page 2

OBJECTION TO PURPORTED ASSIGNMENT

3. Defendant objects to Plaintiff’s purported assignment of the underlying contract 

from the professional corporation to himself, individually. The underlying contract, which 

is attached hereto and incorporated herein as Exhibit “1” provides in paragraph five that “[a] 

referral to an attorney outside the firm may require a separate contract with that attorney 

and will not be done without Client’s consent.” (emphasis added). Thus, the purported 

assignment here is improper because the agreement specifies that if it is to be sent “outside 

the firm [Rippy & Taylor, P.C.],” it requires “the Client’s consent.”

4. Assignments should be permitted or prohibited based on the likely effect on society, 

and in particular, on the legal system. Employing a public policy analysis, the majority of 

courts in this country have concluded that at least some claims arising out of the attorneyclient relationship are not assignable. Vinson & Elkins v. Moran, 946 SW 2d 381 (Tex.App.

Houston [14th Dist.] 1997) (analyzing malpractice claims).

PLAINTIFF’S REQUEST FOR CONTEMPT FINDINGS SHOULD BE DISMISSED

5. Plaintiff mistakenly claims that the final decree of divorce between Mr. Mustafa and 

his ex-wife constitutes a secured judgment in the amount of $17,500 against Mr. Mustafa, 

individually. However, due process requires this issue to be adjudicated before it should be 

treated as a violation of any court order. The phrase relied on by Plaintiff is found in the 

underlying divorce decree requiring each litigant pay their own attorney’s fees, but this does 

not equal language that supports a finding of contempt. The Texas Supreme Court analyzed 

this issue in Ex parte Chambers, 898 S.W.2d 257, 259 (Tex.1995): “A court order is 

insufficient to support a judgment of contempt only if its interpretation requires inferences 

or conclusions about which reasonable persons might differ.” MacCallum, 807 S.W.2d at 730. 
Defendant’s Motion to Compel Mediation and Arbitration Pursuant to AAA Consumer Arbitration Rules 

Page 3 

The existence of reasonable alternative constructions of a court order will prevent 

enforcement of the order. See, e.g., Ex parte Crawford, 684 S.W.2d 124 (Tex.App.Houston 

[14th Dist.] 1984, orig. proceeding) (holding an obligor in contempt who knew with certainty 

he was to pay one of two amounts of child support but ignored the order altogether). Here, 

there was no order to pay a specific amount. In fact, Defendant will testify that no invoice 

was ever received by him and that this suit is in retaliation for filing a grievance with the 

State Bar of Texas.

PLAINTIFF’S CLAIMS SHOULD BE DISMISSED FOR FAILURE TO CURE DEFECT OF PARTIES

6. Plaintiff has not cured the defects noted in Plaintiff’s special exceptions and there

remains a defect in the parties. Plaintiff’s claim should be dismissed in its entirety without 

prejudice. 

MOTION TO COMPEL MEDIATION THEN ARBITRATION WITH AAA CONSUMER

ARBITRATION RULES

7. In the event the Court does not dismiss this suit, Defendant requests that the Court

order that Plaintiff follow the terms of the agreement requiring mediation. Defendant 

requests that the Court order mediation pursuant to the agreement that provides “THE 

PARTIES AGREE TO MEDIATE ALL SUCH DISPUTES PRIOR TO ARBITRATION.” (emphasis 

in original). Defendant requests the Court order mediation pursuant to Texas Civil 

Practice & Remedies Code section 154.023. 

8. If mediation does not resolve the dispute, Plaintiff asks this Court to order binding

arbitration between Rippy and Taylor, P.C. and Defendant, following the AAA Consumer 

Arbitration Rules, pursuant to the Federal Arbitration Act (9 U.S.C. sec 1 et seq.) and/or 

pursuant to Texas Civil Practice & Remedies Code section 154.027.
Defendant’s Motion to Compel Mediation and Arbitration Pursuant to AAA Consumer Arbitration Rules 

Page 4 

9. This case is appropriate for referral to ADR because there is a binding arbitration

agreement between Defendant and Rippy and Taylor, P.C.

ADDITIONAL SPECIAL EXCEPTIONS

10. Defendant specially excepts to Plaintiff’s claim that “Felix Rippy ... has individual

claims against Shakeel Mustafa, as well” in that there is not specificity as to the basis of these 

purported claims that Plaintiff contends exist in addition to the contractual claims of Rippy 

and Taylor, P.C. If there are indeed other facts or causes of action that will be asserted, the 

question of whether those claims are arbitrable will require a separate inquiry because there 

is no arbitration agreement between Felix Rippy, Individually, and Defendant.

CONCLUSION

For these reasons, Defendant asks the Court to dismiss this suit or render judgment 

that plaintiff take nothing, assess costs and fees against plaintiff, and award all other relief to 

which defendant is entitled. Defendant asks the Court to strike the defective portions of 

Plaintiff’s pleading. Alternatively, Defendant asks this Court to compel mediation followed 

by binding arbitration, if necessary, between Rippy and Taylor, P.C. and Defendant, following 

the AAA Consumer Arbitration Rules.

RESPECTFULLY SUBMITTED,

OSBORN LAW FIRM, P.C.

By: /s Chris Osborn .

Christopher D. Osborn

State Bar No. 24037221

1019 Cecelia Street

Taylor, Texas 76574

512-275-6593

512-309-5317 fax

chris@osbornpc.com
Defendant’s Motion to Compel Mediation and Arbitration Pursuant to AAA Consumer Arbitration Rules

Page 5

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the above and foregoing document has been served 

on each attorney of record or party in accordance with the Texas Rule of Civil Procedure 21a 

on this 19th day of June 2015.

/s/Chris Osborn .

Christopher D. Osborn

Felix Rippy

3000 Joe DiMaggio, Ste. 3

Round Rock, TX 78665

512-310-9500

512-310-2580 fax

❒ hand-delivery

x❒ telecopy

❒ first class mail

❒ certified mail, return receipt requested
ATTORNEY/CLIENT ENGAGEMENT AGREEMENT 

(Hourly Basis) 

2. Client, in consideration of services to be rendered by Attorn_>;Y to Client, retains Attorney to 

represent him/her as attorney in connection with �v� s b P,,f-c 1'1.

1 -e.. r M (, J4v-v1'c , • .., I/·()�� ( - R: / 

I � ('(', / c..�"" ...kd 

� V\.?I. '1 <'.-+- �i's (OV'<."'f S'tq)i,.) + u '"' ""' Wo IF - I< c ,L, c"'1l r'.., 1(' t\>' 1iier - c �(l.� of�y I� 

It is understood and agreed by the parties that Attorney's representation ends upon the ent y a final order �4'-1 � 

disposing of the Client's case and does 11ot include the filing of any post-trial motions 01· appe . )Dd-w.-,'4 � � i;J 7�0 - soo + 2ro """- 11tY-rea.o r�1-1dicMs-L\..- i...q� 

3. If, in the future, Client desi1·es Attorney to represent Clienr in any other matter, that will be the 

�rj' 

subject of additional discussions nnd an nclditionnl engagement ngreement. Attorney's fee will include only 

services in connection with the matter listed in Paragraph 2 above. 

Client and Attorney agr·ee: 

4. Attorney will devote his professio118I abilities to the matter, strive to keep Client informed of 

significant developments in this case and be reasonably available to answer inquiries. Client agrees to fully 

cooperate with Attorney, including but not limited to keeping Attorney advised of all developments related 

to this matter, informing Attorney prnrnptly of any cha nge in Client's address or telephone number, and 

promptly responding to Artorney·s inquiries . Where applicable, neither Attorney nor Client will settle the 

case without the other's written approval. 

5. Client empowers Attorney to take all steps in said matter deemed by Attorney to be advisable. Client 

understands and agrees that Attorney wi 11, to the extent Attorney believes it to be reasonable, cooperate with 

any opposing attorney concerning settings for trial or hearing, scheduling d epositions or meetings, and 

whether to request or agree to continuances or delays. The undersigned attorney may deem it advisable to 

refer Client's case to another attorney with in the firm of Rippy & Taylor, PC, or to an attorney outside the 

firm. A referral to an attorney outside the firm may require a separate contract with that attorney and will 

not be done without Client's co11se11t. 

6. Client agrees to compensate Attorney for his services at th 

time which is devoted to Client's case with a minimum fee of$ 

te of$ SOO per hour for the 

3sc:io ci.e"A which sha 11 be considered 

earned at the time Attorney commences work 011 Client' s case. here applicable, this minimum fee is 

intended to compensate Attorney for the preparation and filing of initial pleadings, for allocating the time 

and resources of Attorney and the staff of the law firm to Client's case, for the nature and complexity of 

Client's case and the experience of the Attorney hand Ii rig the matter and to compensate Attorney for the 

potentiality that, by accepting this employment, Attorney may also be precluded from accepting other 

employment. From time to time it may be nec essary for other members of the law firm to assist in the 

Client ' s matter, and Client agrees to compensate Attorney for these services at the following rates: 

Page I of 3 
Partner attorney: $300/hr 

Legal assistant $ 75/hr 

Client agrees to pay to Attorney all costs and disbursements incurred in said matter. For the 

following expenses, and no others, Attorney will charge a per case flat fee of $25.00: (I) long distance 

telephone charges; (2) in-office photocopy expenses; (3) first class postage (not certified or priority mai I); 

and (4) facsimile charges . All other expenses will be billed to Client in the actual amount incurred. 

7. Client will pay A ttorney the sum oft</ Jeo�.e. as a retainer at the time of execution of this 

Agreement . Attorney will not take any action til th retainer is received. The retainer will be deposited 

in Attorney's trust account, anci Attorney will clrnw against those funds to satisfy Attorney's monthly 

statements, copies of which will be sent to Client for Client ' s information. Upon d eplet ion of the retainer, 

the Client agrees to deposit an additional retainer 111 an amount at least equal to the original retainer into 

Attorney's trust account . I fan additional retainer fee is required, Client agrees to pay the amount required 

within ten ( 10) days of Attorney ' s request. Any funds remain ing in the trust account at the end of the 

representation will be rerurned to Client at the time of the next billing period following termination of 

representation. This retainer fee is not necessarily the total cost for the services of the Attorney. The 

total cost of legal services may exceed the r·etainer fee amount. 

8. Client has the right to cancel this Agreement a11cl terminate Attorney's representation at any time by 

written notice to Attorney. Clie11t understands that Attorney has the right to cancel this Agreement and 

withdraw from representing CI ient if any of Attorney's invoices are not paid by CI ient within 30 days of the 

date that Attorney sends them to CI ient; if Client fai Is to d eposit additional i-etainer fund s as required by 

Paragraph 7; if the Client determines not to fol low the Attorney ' s advice; fai Is to communicate with the 

Attorney; or if Attorney concludes for any other re<Json that Attorney is unable to rep1·esent Client. Attorney 

will provide written notice in the event that Attorney decides to withdraw from representation. 

9. In the event any legal action is taken to enforce this Agreement, Client consents to jurisdiction of 

the state of Texas and venue in Williamson County, Texas, and to all disagreements' being arbitrated 

pursuant to A.A.A arbitration ruies, CLIENT AND ATTORNEY AGREE THAT ALL DISPUTES 

ARJSING OUT OF ATTORNEY'S REPRESENTATION OF CLIENT OR FEES CHARGED TO 

CLIENT SHALL BE ARBITRATED IN A BINDING ARIHTRA TION BEFORE AN ARBITRATOR 

IN WILLIAMSON COUNTY, TEXAS. UNLESS AN ARBITRATOR IS AGREED UPON BY THE 

PARTIES, THE ARBITRATOR SHALL BE APPOINTED BY THE .JUDGE OF A COURT OF 

RECORD SITTING IN WILLIAMSON COUNTY, TEXAS. PRIOR TO ARBITRATION, CLIENT 

AGREES TO SUBMIT ANY COMPLAINTS REGARDING ATTORNEY'S REPRESENTATION OR 

DISPUTES REGARDING ATTORNEY'S FEES TO ATTORNEY IN WRITING. THE PARTIES 

AGREE TO MEDIATE ALL SUCH DISPUTES PRIOR TO ARBITRATION. 

There are advantages and disadvantages to arbitration as compared to a judicial resolution of 

disputes: 1) the cost and time of an arbitration is frequently less than that associated with a lawsuit; 2) the 

level of discovery may be reduced: 3) the rules of evidence may be relaxed; 4) the level of privacy in the 

arbitration process is greater than that found in courts; 5) significant rights are waived in an arbitration, 

including the right to a jury trial and the right to a judicial appeal because arbitration decisions can be 

challenged only on limited grc1u11cls. Arbitrators may allocate costs or fees in an arbitration as well as 

awarding monetary relief to a party. 

Page 2 of 3 
10. Client and Attorney agree that this Agreement is the entire agreement between them regarding the 

matters set forth herein and supercedes any prior oral or written discussions 01· agreements between them. 

This Agreement can only be amended by a subseciuent written document signed by both Client and Attorney. 

FAVORABLE OUTCOME NOT GUARANTEED 

11. Each case is different. Client understands that Attorney has made no representation concerning the 

successful termination of the claim or claims relating to L11e matter in controversy or the favorable outcome 

of any legal action that is or may be filed. 

DATED: 

5YA !Z f ELcuENT 

Rippy & Taylor, PC 

Page 3 of 3 
Christopher D. Osborn, Esq.

chris@osbornpc.com

VIA ELECTRONIC FILING

September 8, 2015

Jeffrey D. Kyle

Clerk of the Court

Third Court of Appeals

P.O. Box 12547

Austin, TX 78711

Re: Notice of Appearance | Case No. 03-15-00422-CV | Mustafa v. Rippy

Dear Mr. Kyle:

This letter is notice of appearance that I have been retained to represent Appellant, Shakeel 

Mustafa, related to this appeal. 

Very truly yours,

/s/ Chris Osborn

Christopher D. Osborn

O SBORN L AW F IRM , P.C.

www.OsbornPC.com

1019 Cecelia Street, Taylor, Texas 76574

512-275-6593 | 512-309-5317 fax

_________________________________________________________________________________________________________