![]() We will affirm the order denying the motion to compel arbitration.ĥ10 S.W.3d 559 (Tex.App.-El Paso 2016, pet. Its judgment resolving this formation dispute rested on legally sufficient evidence, meaning that we cannot disturb the decision. The trial court was presented with conflicting evidence regarding contract formation. Our prior decision in Kmart Stores of Texas, L. Alorica appealed, asking this Court to credit the company's electronic records over Tovar's sworn denial as a matter of law and compel arbitration on that basis. The trial court, crediting Tovar's evidence over that of Alorica, denied the motion to compel arbitration. In a sworn affidavit and again at a Tipps hearing, Tovar denied ever seeing, receiving, or agreeing to the terms of the arbitration agreement. Alorica moved to arbitrate Tovar's claims, asserting that the company's electronic records showed that Tovar received notice of a mandatory arbitration agreement and accepted its terms both explicitly and impliedly by continuing to show up for work. Mary Lou Tovar sued her former employer Alorica following her termination, alleging disability discrimination and workers' compensation retaliation claims. Appeal from the 327th District Court of El Paso County, Texas (TC# 201) OPINION
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