Texas Appeals Panel: Arbitration Not Appropriate For Roofing Defects Action

DALLAS - The Fifth District Texas Court of Appeals on Nov. 18 affirmed a trial court's decision denying a motion to compel arbitration filed by the defendant in a construction defects case, concluding that the plaintiffs "met their burden of establishing appellants waived arbitration by substantially invoking the judicial process" (Ideal Roofing Inc., et al. v. Mike Armbruster, et al., No. 05-13-00446-CV, Texas App., 5th Dist.; 2013 Tex. App. LEXIS 14096).

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