OPINION
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In Re Service Corporation International (Tex. 2011)(Per Curiam Opinion)
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FULL TEXT OF OPINION [ forthcoming ]
Opinions are available in pdf from the Court's website. Follow docket-number hotlink or click the case-style
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OPINION OF THE COURT OF APPEALS BELOW: Court of Appeals
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Also see: Texas Causes of Action | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams
In Re SCI, No. 10-0155 (Tex. Dec. 16, 2011)(per curiam opinion)(arbitration, procedure to select arbitrator)
EXCERPT FROM TEXAS SUPREME COURT'S OPINION
This mandamus proceeding arises from an arbitration agreement governed by the Federal Arbitration
Act (FAA). The parties entered into a contract for interment rights and services. The contract obligated
the parties to arbitrate this dispute over the care and maintenance of the cemetery.
The arbitration agreement provides that an arbitrator would either be selected by mutual agreement of
the parties or appointed by the American Arbitration Association (AAA). The parties failed to agree to
an arbitrator and the trial court appointed an arbitrator without allowing a reasonable opportunity to
procure an appointment by AAA. We conclude that the trial court abused its discretion and
conditionally grant the petition for writ of mandamus.
We conclude that the contract is not ambiguous on this point. If the parties cannot agree on an
arbitrator, the contract requires that they use AAA to appoint the arbitrator.
IN RE SERVICE CORPORATION INTERNATIONAL AND SCI TEXAS FUNERAL SERVICES, INC. D/B/A MAGIC VALLEY MEMORIAL
GARDENS; from Hidalgo County; 13th district (13-09-00681-CV, ___ SW3d ___, 02-17-10) stay order issued March 12, 2010,
lifted
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the writ of
mandamus.
Per Curiam Opinion
Links to Electronic Briefs in this case 10-0155 IN RE SERVICE CORP. INT'L