(Download) "Mountain Plains Constructors Inc. v. Torrez" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Mountain Plains Constructors Inc. v. Torrez
- Author : Colorado Supreme Court
- Release Date : January 29, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The court of appeals, in Mountain Plains Constructors, Inc. v. Torrez, No. 86CA1722 (Colo. App. Aug. 11, 1988), reversed the trial courts order denying the respondents, Vonne and Gilbert Torrez (the Torrezes), motion to dismiss and remanded with directions to dismiss. We accepted certiorari to determine whether the court of appeals erred in finding that the Torrezes did not waive a contractual arbitration provision and whether the proper procedure upon remand was to dismiss the case. We find that the court of appeals correctly held that the Torrezes were entitled to arbitration of the dispute, but that the proper remedy on remand is to stay the trial court proceeding pending arbitration. Accordingly, we affirm in part, reverse in part, and return this case to the court of appeals with directions to remand to the trial court with instructions to stay the proceeding pending the conclusion of the arbitration process.