Rachal v. Reitz

Dissenting Opinion By

Justice MURPHY.

The majority concludes that Hal Rachal, Jr., as the successor trustee to the written trust agreement established by John W. Reitz’s father, cannot enforce that agreement’s mandatory arbitration provision against Reitz. The majority reasons that the trust agreement is not a contract and does not meet the requirements of Texas contract law. Because I would conclude Rachal met his burden to show an agreement to arbitrate the parties’ dispute under the Texas General Arbitration Act, I respectfully dissent. See Tex. Civ. PraC. & Rem.Code Ann. §§ 171.001-.098…