Legal Opinion

Stewart Title Guaranty Co. v. MacK

Texas Court of Appeals, 1st District (Houston)

Decided May 1, 1997No. 01-96-01596-CVPublishedCited by 48 opinions

1Opinion of the Court

OPINION

NUCHIA, Justice.

Appellant, Stewart Title Guaranty Company, sold a title insurance policy to appellee, Wallace Ray Mack, Jr. After Mack sued the company, Stewart Title sought to compel arbitration. We are asked to determine if the trial court erred when it denied appellant’s motion to compel arbitration. We hold it did not.

When a party seeks to compel arbitration under both the Texas General Arbitration Act 1 and the Federal Arbitration Act, 2 he must pursue parallel proceedings: an interlocutory appeal of the order denying arbitration under the Texas act, and a writ of mandamus from…

2Cases cited9 opinions

  1. Jack B. Anglin Co., Inc. v. TippsTexas Supreme Court · 1992
  2. Perry v. ThomasSupreme Court of the United States · 1987
  3. Goldfarb v. Virginia State BarSupreme Court of the United States · 1975
  4. Cantella & Co., Inc. v. GoodwinTexas Supreme Court · 1996
  5. Belmont Constructors, Inc. v. Lyondell Petrochemical Co., Texas Court of Appeals, 1st District (Houston)1995

4 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. In Re Kellogg Brown & Root, Texas Court of Appeals, 1st District (Houston)2002
  2. Ikon Office Solutions, Inc. v. Eifert, Texas Court of Appeals, 14th District (Houston)1999
  3. In Re Education Management Corp., Inc., Texas Court of Appeals, 14th District (Houston)2000
  4. TMI, INC. v. Brooks, Texas Court of Appeals, 14th District (Houston)2007
  5. In Re Alamo Lumber Co., Texas Court of Appeals, 4th District (San Antonio)2000

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