Terminix International Company, L.p., and Terminix International, Inc. v. Walter F. Scott Iii and Paige M. Scott…

Summary

The court held that Terminix timely appealed the single arbitration award that included the arbitration-fee reimbursement, but that the trial court erred by denying Terminix's postjudgment motion to vacate without allowing a hearing on the alleged arbitrator partiality. Terminix presented enough evidence to warrant an evidentiary hearing on whether the arbitrator's nondisclosure created a reasonable impression of partiality, although Terminix failed to show probable merit in its argument that the arbitrator exceeded his authority by awarding damages allegedly barred by the contract. The court separately dismissed Terminix's appeal concerning the Scotts' sanctions claim because the trial court lacked jurisdiction to refer that claim to arbitration after entering final judgment without reserving jurisdiction.