The Texas State Supreme Court overturned an arbitration award against Bob Perry for building a defective home for an elderly couple in North Texas. After 10 years of putting this couple through hell Perry finally got his greedy hands on all of his money. His donations to the Supreme Court Justices and what he did to this couple should earn himself a place in hell.Background.
In 2000 Bob and Jone Cull sued Perry and his warranty company for foundation and structural failure after working almost 4 years trying to prevent litigation. After discovery and fearing Perry would drag out the appeal long enough until they died, they asked for arbitration.
The arbitrator heard the case and hit Perry between the eyes awarding over $750,000 to the couple including the $9000 filing fee, the cost of the house, $110,000 in attorney's fees, and mental anguish. The entire arbitration award can be found here. What ever was discovered prior to the arbitration was devastating.
Instead of paying the arbitration award Perry decided to appeal the arbitration. Both lower courts refused to hear the case, but in March 2007, the Republican controlled Supreme Court accepted it and ruled, a year later, in his defense.
Abuse of Arbitration
Over the last decade the homebuilding industry has defended the abuse of arbitration saying it was "final", once the arbitrator makes the decision, you get your money and it is over. Well, in this case it is not over if you have money and your name is Bob Perry. Bob Perry, along with Steve Paxson (see Unamerican Arbi-traitors) should be the poster children for arbitration reform.
Discovery of the truth was unfair to Perry.
This is what one of the Supreme Court Justices said about the discovery process, from the Houston Chronicle:
Justice Scott Brister, who wrote the majority opinion, said the Culls enjoyed an unfair advantage after taking depositions and getting extensive information in preparing for a trial, and then deciding at the last minute to go to arbitration.And this is Perry entire argument. The Culls learned the truth about what Perry did to them and used the truth in the arbitration. Perry claimed the discovery of the truth was an unfair advantage.
Go to hell. Do not pass go.Bob Perry lives in a small community on the water in a million dollar home surrounded by middle class homes. He attends the Baptist church and donates his millions to elected officials and occasionally to build a YMCA.
I guess this gives him the right to file frivolous appeals to the Supreme Court, abuse our judicial system, and terrorize an elderly couple after not taking responsibility for his own actions.
Conclusion
Bob Perry should be the poster child for the elections in November. He will be spending a lot of his money to keep the Texas Supreme Court intact, with 2 Democrats trying to balance the court. He will donate large amounts of money to his own mouthpiece State Representative, John Davis, as he has in the past. He will spend money to keep all those who have voted for his Builders Commission. This election will be about beating Bob Perry.
This is not only lawsuit abuse, it is abuse of our elderly, and it screams for campaign finance reform here in Texas. Until then, go to hell Bob.
24 comments:
Texas is truly the poster-state for corruption. Victims of homebuilders who were lucky enough to be able fix their homes and sell them have moved out of this place. Some victims had to foreclose because the cost of fixing the mess the homebuilder made for them was prohibitive.They too moved out of state.
People believe if they do their due-diligence they will be ok. I am here to tell you that is a misnomer. The time I spent searching a builder,looking at records, getting a good home inspector did nothing to protect me. I used the builder I did because I looked at his record on the BBB. The bureau proclaimed them a good builder. I am in the mess of my life and the BBB has done nothing but protect their ***.
The only way to avoid this horror-buy a used home. Sellers are held to the law to disclose defects, builders do not have to and they don't. Sellers can be taken to court if they do not disclose defects while in new homes if you want to hold your builder accountable you must go through mandatory binding arbitration. In Texas, you have to go through TRCC.
It has taken the TSC just a year to hand down this decision. It is a lesson for all of us, special interest $ speaks loudly in the state of Texas. (or should I say Bob Perry's campaign contributions do?)
Gee, John -- when did you become the arbiter of what will get someone sent to Hell?
Besides, didn't the court just decide that Bob Perry has a right to have his case heard in a court established under the constitutions of the United States and State of Texas rather than being forced into an arbitration process against his will where the standards of proof and the protections against arbitrary decisions are much lower?
Would you be as upset if the situation were reversed and it was Bob Perry who had forced the Culls into arbitration after using the courts to get information he could not have gotten in an arbitration proceeding, and the Texas Supreme Court had ruled that he could not make that change at the eleventh hour?
In other words, are we seeing a double standard on your part -- those who you like are entitled to what you claim are their rights under the Seventh Amendment, while those you don't should be damned to eternal fire for going to court to protect those exact same rights?
Well once again Rhymes is on his knees for bob perry and again misses the point.
Perry believes in arbitration.
Perry lost in arbitration.
Now Perry says that discovering the truth was unfair.
For gods sake, rhymes, get off your knees for once.
Gee, John, more homophobia. Why is it that you resort to anti-gay slurs when your opponents take a position you don't like? Are you afraid of homosexuals? Are you a closet homosexual?
YOUR argument is that folks has an absolute right to a trial in court under the Seventh Amendment. Does that right not apply to Bob Perry -- or does it only apply to those you support and who support your politics? Why do you object when Bob Perry wins in court? And if you argue that he has corrupted the court or bribed justices, produce more evidence than legal, above-board campaign contributions.
Remember -- the Culls made their choice, only to make tha change at the eleventh hour. Had it been Bob Perry doing the same, would you be as supportive of allowing that? For that matter, had the arbitrator ruled in favor of Bob Perry, would you have turned around and insisted that the Culls had an absolute right under the Seventh Amendment to have the matter reviewed by a court under the Seventh Amendment?
Or is your only pinciple "the builder ALWAYS loses?"
Why didn't Perry fix their place to begin with? Why would he put the Culls through this? How really sick to do this to an elderly couple (or anyone for that matter)who should have retired 10 years ago but had to fight him.
Sick!
Oh, one quick question, Johm -- why not link a story from the Chronicle or some other news outlet that presents both sides of the story, rather than your biased version? Could it be that providing your readers with access to such information might undermine your credibility?
Especially since the justices who voted against Bob Perry received about the same in campaign contributions as those who voted for him -- seriously undercutting your assertion that the contributions undercut the administration of justice in this matter.
What's the point of giving all that money to judges if you can't buy a favorable ruling?
Bob Perry's moral character is well known, despite his attachment to Nassau Bay Baptist Church.
He is a thug. May he find that special place in Hell reserved for people like him.
Actually, I think that there is more likely a special place in Hell for those who engage in anonymous slander.
rhymes is an asshole.
That aint slander.
Rhymes would be the first whiny little shit complaining when he got screwed by a builder or bob perry.
He would be on the front door of the courthouse crying to the media.
Oh? And you make this assessment based upon...?
I walked away from a house I wanted because I refused to sign a contract with an arbitration provision.
Just like a republican.
Instead of fighting for their rights under the constitution, Rhymes tucks tail and runs.
And calls it a success.
Yea. Mission accomplished! republicans can find an excuse for everything. They are paying just as much as we are for electricity and insurance. Their response? Tuck tail and turn the AC higher and increase their deductibles.
Then call it a success. They are too stupid to realize they got screwed.
No -- it is called being an informed consumer and walking away from a bad deal.
When we were kids, it was what our parents taught us was "being smart."
Or at least mine did.
Looks like yours taught you "sign the contract, break your word, and demand the government bail you out."
Guess that lack of integrity is a generational thing in your family.
I'm also curiuos -- if being forced into arbitration is a violation of one's rights, why are you on the side of the Culls and opposed to Bob Perry winning? After all, THEY forced HIM into arbitration and he defended what you say is his right under the constitution to get his day in court. Why are you siding with those who forced arbitration over those forced into it?
hmmm lets see George W Jr.is an oilman, Chaney is an oilman, George Sr is an oil man, they are in bed with the sheik of Saudi who is an oil man is anyone starting to see the pattern. The bushs do not buy gasoline, its all on our dime. They don't care if its one hundred bucks a gallon, nope don't care, not out of their pockets, oh my god I'm seeing patterns and rambling when all I meant to say is that " REPUBLICANS SUCK"
Once again Rhymes, you dont know what you are talking about. If you had been following this issue for the last 10 years you would have heard perry and his goons talk about how wonderful arbitration is.
Until they lose.....
Now, you also aren't ready very well either. Maybe you need to take the TAKS test.
Perry's argument is simple. The Culls went through discovery and found the truth while preparing for trial.
They used the truth in arbitration and he lost. Perry said that learning the truth through discovery prior to the trial was unfair. (this really was their argument)
With arbitration discovery is very limited. THe culls probably would have never known the truth if they had gone through arbitration.
Before trial, like many builders will do, they asked for arbitration and like many judges do because of the laws in Texas, he said OK.
They were afraid that Perry would drag out the appeals in court till they die.
Which will probably be the case. You and your no heart republicans probably will piss on their grave.
In other words, Jon, the Culls gamed the system to get around the limitations of arbitration
The Court ruled you can't game the system to get around the rules of arbitration.
Seems like a perfectly reasonable argument to me -- once you choose to get the benefits of the more expansive discovery powers of a lawsuit, you can't go back and pick arbitration with its more restricted right of appeal.
Unless, of course, you don't believe in following the rules -- something you've indicated many times over the years.
Those damn Culls! They gamed the rules to find the truth.
The rules that compel arbitration was created by the homebuilders.
Watch, if this goes to trial, it will take years and years more for the appeal and the Culls would die before ever getting their dream home fixed.
And rhymes will rejoice. And piss on their grave.
You guys arent cold hearted. You are NO hearted. And to think you teach kids.......
The Culls wanted all of the discovery process given them by the courts and none of the drawbacks of the appeals process.
They wanted all the speed of the arbitration process and lower burden of proof and none of the drawbacks like the limitations on obtaining records from their opponent.
You can't have both -- they chose the courts, and then switched to arbitration to prejudice the process against Bob Perry.
If the situation had been reversed and Bob Perry had done this to the Culls, you would rightly be screaming bloody murder. I'd be joining you. That you can't see that the Culls were wrong here (or worse yet, don't care that the Culls were wrong here) is indicative that you don't really care about justice or the rule of law -- you only care about the outcome, whether it really serves the ends of justice or not.
But you are right about one thing, John. After what they have done, I hope that neither of them lives to see a dime of any judgment they receive in court -- and I'll be sure to drink a full gallon of water before visiting their grave. They deserve no less -- after all, by YOUR OWN STANDARD they are traitors who attempted to deny Bob Perry, and American citizen, his rights under the Seventh Amendment.
And John, I hope you are bright enough to recognize the dripping sarcasm of that last paragraph -- and honest enough to note it when you quote it.
I would LOVE to see you get screwed by a builder, or any other corporation or company.
Then you will get what you deserve.
You are truly a rotten individual. Son of Perry.
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