Legal Opinion · Dissent

In Re Allstate County Mutual Insurance Co.

Texas Supreme Court

Decided August 29, 2002No. 00-1301Published

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

  1. Johnson v. Fourth Court of AppealsTexas Supreme Court · 1985
  2. CSR LTD. v. LinkTexas Supreme Court · 1996
  3. Cleveland v. WardTexas Supreme Court · 1926
  4. Canadian Helicopters Ltd. v. WittigTexas Supreme Court · 1994
  5. Jampole v. TouchyTexas Supreme Court · 1984

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