Appellants challenge the trial court's denials of their motions to compel arbitration. The burden of showing a right to enforce an arbitration agreement, as with the overall burden of establishing the existence of an arbitration agreement, is generally evidentiary. Equitable estoppel does not require arbitration under the direct benefits theory where the claims stand independently from the arbitration agreement and no direct benefit is shown. The trial court's order is affirmed. Dallas Court of Appeals, No. 05-12-01016-CV, 08-14-2013.
VSR Financial Services, Inc. v. McLendon
Tex. App. Dist. 5
August 14, 2013