# Kline v. O'QUINN

> Court of Appeals of Texas · May 12, 1994 · 874 S.W.2d 776

URL: https://www.frixlaw.com/law-library/cases/9773218

## Case

- **Full name:** Donna C. KLINE, Appellant, v. John M. O’QUINN, Thomas J. Pearson, and Bank One, Texas, N.A., Appellees
- **Court:** Court of Appeals of Texas
- **Decided:** May 12, 1994
- **Citations:** 874 S.W.2d 776; 1994 Tex. App. LEXIS 1092; 1994 WL 92410
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Murphy, Ellis, Smith
- **Cited by:** 163 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9773218

## How later opinions describe it (automated extraction)

- holding that without a record of the arbitration, the court was unable to determine what claims were submitted to the arbitrators, that nothing in the record supported Kline’s arguments that the pleadings and proof submitted to the arbitrators by O’Quinn did not support the aw…
- concluding that trial court did not err in refusing to award attorney’s fees where arbitration provision provided that “each party shall be responsible for the fees of its own counsel” and arbitration award ordered that “each party shall bear its own attorney’s fees”
- holding that while the determination of the scope of an arbitration agreement is for the court, the enforcement of pleading requirements before the arbitrator is a procedural matter for the arbitrator
- holding that party seeking to vacate or modify arbitration award in trial court failed to preserve error regarding grounds for avoiding confirmation of award that were not asserted in the trial court
- holding that acceptance of the benefits doctrine did not apply where appellant accepted compensatory damages but on appeal raised only issues regarding punitive damages and attorney’s fees

## Opinion text

OPINION ON MOTIONS FOR REHEARING
In her motion for rehearing, Kline requests interest on the $50,000.00 punitive damages award in accordance with the arbitrators’ ruling. We find Kline’s request to be meritorious. It is hereby ordered that the trial court’s judgment be modified to award Kline interest on the $50,000.00 in punitive damages at the rate of ten percent (10%) per annum commencing from June 15, 1992, until paid. Kline’s motion for rehearing is in all other respects overruled.
In his motion for rehearing, O’Quinn contends that he did not waive constitutional arguments in support of vacating or modifying the arbitrator’s punitive damages award. Although O’Quinn does not dispute that he failed to raise constitutional grounds in the trial court, he contends that, as the appellee, he is under no obligation to argue every alternative theory in support of the trial court’s judgment. See Williams v. Kkalaf, 802 S.W.2d 651, 658 (Tex.1990).
While O’Quinn is before this court in the procedural posture of appellee, O’Quinn was the non-prevailing party in arbitration. As the losing party seeking to modify or vacate the arbitrators’ award, O’Quinn had the burden in the trial court of bringing forth a complete record and of establishing any basis, including constitutional grounds, which would warrant vacating or modifying the arbitrators’ award. See Grissom v. *791 Greener & Sumner Constr. Co., 676 S.W.2d 709, 710-11 (Tex.App. — El Paso 1984, writ refd n.r.e.) (appellee, as the losing party in arbitration, had the burden in the trial court of establishing facts which would warrant vacating of arbitration award); see also Atrium Westwood VIII Venture v. Barrick West-wood Limited Partnership, 693 S.W.2d 699, 700-701 (Tex.App. — Houston [14th Dist.] 1985, no writ) (same, except appellant was the losing party in arbitration). O’Quinn did not present his constitutional arguments to the trial court and, therefore, waived those grounds for this appeal. See Grissom, 676 S.W.2d at 710-11 ; see also Atrium West-wood, 693 S.W.2d at 700-701 ; Mullinax, Wells, Baab and Cloutman v. Sage, 692 S.W.2d 533, 536 (Tex.App. — Dallas 1985, writ refd n.r.e.) (opinion on motion for rehearing) (law firm waived attorney’s fees by not raising claim in the trial court during proceeding to set aside arbitration award). O’Quinn’s motion for rehearing is overruled.
In accordance with our original opinion, we hereby reverse that part of the trial court’s judgment, striking the arbitrators’ award of $50,000.00 in punitive damages, and render judgment that Kline recover from O’Quinn $50,000.00 in punitive damages, plus interest at the rate of ten percent (10%) per annum commencing from June 15, 1992, until paid. The remainder of the trial court’s judgment is affirmed.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9773218. Public record. Not legal advice.