Second Court of Appeals
Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of March 30, 2026.
NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.
Links to full text of opinions (PDF version) can be accessed by clicking the cause number.
Lon Smith & Assocs., Inc. v. Key, No. 02-25-00254-CV (Apr. 2, 2026) (Wallach, J., joined by Bassel and Walker, JJ.).
Held: In the first appeal in this case, this court affirmed in part the trial court’s order certifying a class. In the second appeal, this court held that Appellants had waived arbitration with Appellees. In this appeal, Appellants seek to compel arbitration with the remaining class members. However, the arbitration clauses on which they rely do not establish a right to class arbitration. To the extent that Appellants sought bilateral arbitration with the remaining class members, they failed to authenticate the documents on which they relied to prove the existence of arbitration agreements and failed to establish that the documents fell within a hearsay exception.