In Re Allstate County Mutual Insurance Co.
Texas Supreme Court
1Dissent
*197Justice BAKER
filed a dissenting opinion, in which Justice HANKINSON joined.
Once again, the Court ignores established mandamus precedent and rolls back the clock to a time before our decision in Walker v. Packer, 827 S.W.2d 838 (Tex.1992). Here, I agree with the Court that the trial court abused its discretion when it determined that the appraisal clause is an unenforceable arbitration agreement. But, once again, I cannot agree that an appeal is inadequate and that mandamus relief is warranted. Because the Court ignores Walker’s express requirement that the insurance companies (“Allstate”)…
2Cases cited20 opinions
- Johnson v. Fourth Court of AppealsTexas Supreme Court · 1985
- CSR LTD. v. LinkTexas Supreme Court · 1996
- Cleveland v. WardTexas Supreme Court · 1926
- Canadian Helicopters Ltd. v. WittigTexas Supreme Court · 1994
- Jampole v. TouchyTexas Supreme Court · 1984
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