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WAIVER OF RIGHT TO ARBITRATION - TEXAS SUPREME COURT CASE
Supreme Court finds right to enforce arbitration was not waived
In Re Fleetwood Homes of Texas, LP, No. 06-0943, 257 S.W.3d 692 (Tex. June 20, 2008)(per curiam)
(original proceeding) (motion to compel arbitration, no waiver found, mandamus granted)
IN RE FLEETWOOD HOMES OF TEXAS, L.P. AND FLEETWOOD ENTERPRISES, INC.; from Walker
County; 10th district (10-06-00312-CV, ___ SW3d ___, 10-25-06)
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court
conditionally grants the petition for writ of mandamus. Per Curiam Opinion
Perry Homes v. Cull, No. 05-0882 (Tex. May 2, 2008)(Opinion by Scott A. Brister)(arbitration award in favor
of consumers overturned; court says home owners implicitly waived right to arbitrate by their litigation
conduct)
Justice Brister delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright,
and Justice Medina joined, and in which Chief Justice Jefferson, Justice Green, Justice Johnson, and Justice
Willett joined as to parts I-V.
Justice O'Neill delivered a concurring opinion.
Justice Johnson wrote an opinion concurring and dissenting in part, which was joined by Chief Justice
Jefferson and Justice Green
Justice Willett delivered an opinion concurring in part and dissenting in part.
TEXAS COURT OF APPEALS CASE LAW ON ARBITRATION WAIVER
In Re ReadyOne, No. 08-08-00221-CV (Tex.App.- El Paso, Aug. 19, 2009)
(arbitration mandamus granted, arbitration of workplace injury claims, no waiver of right to arbitrate)
MOTION OR WRIT GRANTED: Opinion by Chief Justice Chew
Before Chief Justice Chew, Justice McClure, The Honorable Gomez
08-08-00221-CV In Re: ReadyOne Industries, Inc. and Amalia Lopez
Appeal from of County
06-1106
GRAND HOMES 96, L.P. & GRAND HOMES, INC. v. DAVID & DEBRA LOUDERMILK; from Denton County;
2nd district (02-06-00030-CV, 208 S.W.3d 696, 11-09-06, pet. denied May 2, 2008)(arbitration award
appeal, waiver issue)
This is an appeal from the confirmation of an arbitration award. The primary issue we address is
whether the trial court abused its discretion by compelling binding arbitration between all of the parties over
the objection of two of the defendants- now Appellants - Grand Homes 96, L.P. and Grand Homes, Inc.
Appellants claim that they did not receive notice that arbitration could be compelled concerning the claims of
Appellees David and Debra Loudermilk against them and that this lack of notice prevented them from
raising the defense of waiver. Because Appellants either were not deprived of the opportunity to present
their waiver defense to the arbitrator or as a matter of law cannot establish the Loudermilks' waiver of
arbitration, we hold that the trial court did not err by compelling arbitration over Appellants' objection.
Because there is no record from the arbitration proceedings, Appellants' other challenges to the
arbitration award fail. Consequently, we will affirm.