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In re Godt8/24/2000
e fee- related. Id. at 220. In Porter, however, the parties did not dispute either the existence of the arbitration agreement or that it encompassed the claims at issue. Id. The only issue before the court--and the only issue addressed by the court--was whether the arbitration was binding. The issue of whether a legal malpractice claim is a personal injury action within the meaning of section 171.002(a)(3) was not addressed by the court.
Similarly, in Gonzalez, 18 S.W.3d at 690, the San Antonio Court of Appeals focused on whether the attorneys' termination of the attorney- client contract also terminated application of the mandatory arbitration clause. See id. The court held that an arbitration agreement contained within a contract survives the termination or repudiation of the contract as a whole. Id. The San Antonio Court did not address whether a legal malpractice claim is a personal injury action excluded from the scope of the TAA by section 171.002(a)(3).
Because we conclude the arbitration agreement is unenforceable because the agreement falls within the personal injury exception, we need not address Godt's arguments that the agreement is unenforceable on public policy grounds.
We hold the trial court clearly abused its discretion in granting Henry's motion to compel arbitration because the agreement is unenforceable under the TAA. Accordingly, we conditionally grant a writ of mandamus. We hereby order the trial court to enter an order vacating its order of May 4, 2000 compelling arbitration in this case and to enter an order denying the motion to compel arbitration. If the trial judge enters an order in compliance with this order, the writ will not issue.
Publish.
Tex. R. App. P. 47.3.
Opinion delivered and filed this the 24th day of August, 2000.
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