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PERRY HOMES v. CULL

No. 05-0882.

258 S.W.3d 580 (2008)

PERRY HOMES, A Joint Venture, Home Owners Multiple Equity, Inc., and Warranty Underwriters Insurance Company, Petitioners, v. Robert E. CULL and S. Jane Cull, Respondents.

Supreme Court of Texas.

Delivered May 2, 2008.

Rehearing Denied August 29, 2008.

Attorney(s) appearing for the Case

Geoffrey H. Bracken, Gardere Wynne Sewell, L.L.P., Houston, TX, Stacy R. Obenhaus, Gardere Wynne Sewell LLP, Dallas, TX, Kent Hance, Hance Scarborough Wright Woodward & Weisbart LLP, Austin, TX, Gary W. Javore, Johnson Cristopher Javore & Cochran, Inc., San Antonio, TX, for Petitioners.

Thomas M. Michel, Griffith, Jay, & Michel LLP, Fort Worth, TX, Evan (Van) Lane Shaw, Law Offices of Van Shaw, Dallas, TX, for Respondent.

M. Scott Norman Jr., Texas Association of Builders, Austin, TX, for Amicus Curiae.

Justice BRISTER delivered the opinion of the Court, in which Justice HECHT, Justice O'NEILL, Justice WAINWRIGHT, and Justice MEDINA joined, and in which Chief Justice JEFFERSON, Justice GREEN, Justice JOHNSON, and Justice WILLETT joined as to parts I-V.

Since 1846, Texas law has provided that parties to a dispute may choose to arbitrate rather than litigate.1 But that choice cannot be abused; a party cannot substantially invoke the litigation...

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