Legal Opinion

Shamrock Foods Co. v. Munn & Associates, Ltd.

Texas Court of Appeals, 6th District (Texarkana)

Decided January 15, 2013No. 06-12-00081-CVPublishedCited by 18 opinions

1Opinion of the Court

OPINION

Opinion by

Chief Justice MORRISS.

In the contract dispute arising out of Munn & Associates, Ltd.’s agreement to provide consulting services to Shamrock Foods Company, Munn sued Shamrock and alleged not more than $60,000.00 in damages. The trial court overruled Shamrock’s responsive motion to require arbitration as provided by the consulting contract, finding that Munn would likely be charged excessive arbitration fees and that, therefore, the arbitration provision was unconscionable. No party denies the existence of the arbitration agreement or that it covers the dispute at hand. The…

2Cases cited21 opinions

  1. Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000
  2. Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996
  3. Allied-Bruce Terminix Cos., Inc. v. DobsonSupreme Court of the United States · 1995
  4. Perry v. ThomasSupreme Court of the United States · 1987
  5. CMH HOMES v. PerezTexas Supreme Court · 2011

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3Cited by18 opinions

  1. Bonded Builders Home Warranty Association of Texas D/B/A Bonded Builders Warranty Group, Daniel Avila, Grisele Edith Arizpe, and AA Builders, LLC v. Patricia Rockoff, Texas Court of Appeals, 8th District (El Paso)2016
  2. Brand FX, LLC D/B/A Brand FX Body Company v. Curtis RhineCourt of Appeals of Texas · 2015
  3. Bartlett Grain Company, LP v. Steven Carl Sheeder and Maureen Jeanette PaceSupreme Court of Iowa · 2013
  4. Readyone Indus., Inc. v. LopezCourt of Appeals of Texas · 2018
  5. Corrine Duarte, Visiting Nurse Association of El Paso A/K/A VNA Home Healthcare of El Paso and Joe Wardy v. Mayamax Rehabilitation Services, L.L.P. and Candace Baird, Texas Court of Appeals, 8th District (El Paso)2016

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