Court of Appeals Sixth Appellate District of Texas JUDGMENT

Sugar Land Urban Air, LLC, UATP Appeal from the 127th District Court of Management, LLC, Zoya Enterprises, Ltd., Harris County, Texas (Tr. Ct. No. 2020- and UA Holdings, LLC, Appellants 74799). Memorandum Opinion delivered by Justice Stevens, Chief Justice Morriss No. 06-21-00083-CV v. and Justice Carter* participating. *Justice Carter, Retired, Sitting by Assignment.

Hamza Lakhani, Appellee

As stated in the Court’s opinion of this date, we find partial error in the judgment of the court below. Therefore, we affirm the trial court’s order denying the Arbitration Motion of UATP, Zoya, and UA. However, because the arbitration agreement between Sugar Land and Lakhani is enforceable, except for the provision that bars the award of punitive or exemplary damages, we reverse the trial court’s order denying Sugar Land’s Arbitration Motion, excise the provision prohibiting the award of punitive or exemplary damages from the agreement to arbitrate, and remand this case to the trial court with instructions to enter an order, consistent with this opinion, compelling arbitration of all of Lakhani’s claims against Sugar Land.

We further order that the appellants pay seventy-five percent (75%) and appellee pay twenty-five percent (25%) of all costs incurred by reason of this appeal.

RENDERED MARCH 29, 2022 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk