Texas Supreme Court

In Re Bruce Terminix Company, Relator

June 5, 199841 Tex. Sup. Ct. J. 941

Summary

The Texas Supreme Court granted Bruce Terminix Company a writ of mandamus, holding that the trial court abused its discretion in finding Terminix had waived its right to enforce the arbitration clause and that no adequate appellate remedy existed. The Court affirmed that, absent a contrary agreement, the burden to initiate arbitration rests on the claimant, not the defendant.