law-void | voidable | contrary to public policy illegality | void for lack of jurisdiction | plenary power |
unconscionable void contract
VOID - VOIDNESS
Myrad Properties, Inc. v. Lasalle Bank NA, No. 08-0444 (Tex. Dec. 18, 2009)(Green)
(whether a correction deed may convey two properties when an unambiguous deed mistakenly conveyed only
one, correction deed found void, court renders judgment and orders rescission of the mistaken deed)
MYRAD PROPERTIES, INC. v. LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED
HOLDERS OF GMAC COMMERCIAL MORTGAGE SECURITES, INC., COMMERICIAL MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 1997-C1, ROBIN GREEN, AND MELISSA COBB; from Bell County; 3rd
district (03-07-00240-CV, 252 SW3d 605, 03-28-08)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court. [pdf]
In re Poly-America, LP, No. 04-1049,262 S.W.3d 337 (Tex. Aug. 29, 2008)(O'Neill)
(arbitration in employment context, FAA, retaliatory discharge, employment law, limitation of remedies,
unconscionability argument challenge sustained, offending provision stricken, but remainder given effect)
We hold invalid, as substantively unconscionable and void, provisions of the parties’ contract that prohibit the
award of punitive damages or reinstatement and thus inhibit effective vindication of Luna’s retaliatory-discharge
claim in an arbitral forum. We further hold that the trial court did not abuse its discretion in allowing the arbitrator
to determine whether the fee-splitting agreement and discovery limitations — as applied in the course of
arbitration — are unconscionable. Because we find the invalid remedies-limitation provisions severable from the
agreement to arbitrate, which we conclude is otherwise enforceable, the trial court did not abuse its discretion in
compelling arbitration. Accordingly, we conditionally grant the writ of mandamus.
Judicial action taken after the trial court's plenary power has expired is void. In re Dickason, 987 S.W.2d 570, 571
(Tex. 1998); State ex rel Latty v. Owens, 907 S.W.2d 484, 486 (Tex. 1995).
In Re Discount Rental, Inc., No. 05-0249 (Tex. Mar. 2, 2007)(per curiam) (void judgment, defective service, lack
of authority to order sale, enforcement of judgment)