Legal Opinion · Dissent
In re Rose
Court of Appeals of Texas
Decided May 2, 2002Published
1DissentDorsey, Justice
Because the petitioner did not agree to arbitrate his conflict with the Bank, he should not be required to do so. The trial court erred in so ordering. I would grant his petition for mandamus.
Relator, James Keith Rose, M.D., seeks mandamus relief from an order entered March 5, 2002, consolidating his lawsuit against Nueces National Bank with a separate lawsuit he filed against Prestige Enterprises, Inc. d/b/a/ Prestige Construction Company and ordering him to arbitrate both disputes. The two lawsuits concern the same home improvement building project undertaken by Dr. Rose. Rose hired…
2Cases cited6 opinions
- First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
- At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
- LeCroy v. HanlonTexas Supreme Court · 1986
- Freis v. CanalesTexas Supreme Court · 1994
- In Re Jebbia, Texas Court of Appeals, 14th District (Houston)2000
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