In Re Olshan Foundation Repair Company of Dallas, LLC

I write separately to note that, even if the FAA had been invoked, in denying Olshan’s motion to compel arbitration, Respondent could have found that no arbitration agreement existed or that Olshan’s foundation repair was done under a verbal agreement with Seay. See In re Dillard Dept. Stores, Inc., — S.W.3d-,-, 2006 WL 508629, at *1 (Tex. Mar.3, 2006) (“In reviewing findings of fact in a mandamus proceeding, we cannot substitute our judgment for that of the trial court.”). Under the FAA, courts decide whether an arbitration agreement was ever concluded, i.e., signed. Buckeye Check Cashing,…