Failure to Bring Demand for Arbitration to the Court's Attention
In Menna v. Romero, (Tex. App.--San Antonio, Jan. 5, 2000, no pet. h.), the Texas court of appeals stated that to the extent Romero's claims concerned contacts Menna made to clients listed in the settlement agreement for the time period specified, the claims fell within the scope of the arbitration provision.
The court noted that although Menna served his demand for arbitration on Romero and raised the issue in his initial response, Menna failed to bring the demand to the trial court's attention at any time during a day-long temporary injunction hearing. See Menna.