# Perry Homes v. Cull

> Texas Supreme Court · May 2, 2008 · 51 Tex. Sup. Ct. J. 819

URL: https://www.frixlaw.com/law-library/cases/9513002

## Case

- **Full name:** 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
- **Court:** Texas Supreme Court
- **Decided:** May 2, 2008
- **Citations:** 51 Tex. Sup. Ct. J. 819; 258 S.W.3d 580; 2008 Tex. LEXIS 423; 2008 WL 1922978
- **Precedential status:** Published
- **Opinion:** Concurring in part by Willett
- **Judges:** Brister, Willett, Hecht, O'Neill, Wainwright, Medina, Jefferson, Green, Johnson, I-V
- **Cited by:** 573 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9513002

## How later opinions describe it (automated extraction)

- stating with regard to the right to seek arbitration that "waiver must be decided on a case-by-case basis, and that courts should look to the totality of the circumstances," recognizing "the difficulty of uniformly applying a test based on nothing more than the totality of the…
- holding courts determined issues of waiver of arbitration by litigation conduct, discussing the Howsam case, and indicating that arbitrators generally determine matters that grow out of a dispute and bear on its final disposition but that courts generally decide issues as to w…
- stating that "[t]he rule that one cannot wait until 'the eve of trial' to request arbitration is not limited to the evening before trial; it is a rule of proportion that is implicated here" and referencing Com-Tech Assocs. v. Computer Assocs. Int'l, Inc. , 938 F.2d 1574, 1576-…
- holding that appellate courts may review trial court orders compelling arbitration on appeal from final judgment rendered upon confirmation of arbitration award and vacating an arbitration *82 award based on a ground raised in the motion to compel proceedings that is not liste…
- concluding that party impermissibly manipulated litigation by switching positions to obtain discovery under one set of rules then seeking arbitration under another set, and delaying disposition by switching to arbitration when trial was imminent and arbitration was not

## Opinion text

Justice WILLETT
filed an opinion concurring in part and dissenting in part.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9513002. Public record. Not legal advice.