Mountain Plains Constructors, Inc. v. Torrez

The court of appeals, in Mountain Plains Constructors, Inc. v. Torrez, No. 86CA1722 (Colo.App. Aug. 11, 1988), reversed the trial court’s order denying the respondents’, Vonne and Gilbert Torrez (the Torrezes), motion to dismiss and remanded with directions to dismiss. We accepted certiorari to determine whether the court of appeals erred in finding that the Torrezes did not waive a contractual arbitration provision and whether the proper procedure upon remand was to dismiss the case. We find that the court of appeals correctly held that the Torrezes were entitled to arbitration of the…