Opinion issued August 25, 2008
In The
Court of Appeals
For The
First District of Texas
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NO. 01-06-00735-CV
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IN RE SENIOR LIVING PROPERTIES, L.L.C. AND
HOSPITALITY HEALTHCARE SERVICES, L.L.C., Relators
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION Relators, Senior Living Properties, L.L.C. and Hospitality Healthcare Services, L.L.C., filed a petition for a writ of mandamus challenging Judge Cain's July 24, 2006 order denying relator's motion to compel arbitration. (1) The underlying case is an employment dispute between the relators and the real party in interest, Margaret Lea Cannon. The parties have stipulated that Cannon was an at-will employee, that she signed the arbitration agreement, and that the arbitration agreement is subject to the Federal Arbitration Act. 9 U.S.C. §§ 1-16 (2000).
The dispute centers over the following language in the arbitration agreement: "The terms of this Agreement may not be altered, amended, or modified except by the Chief Operating Officer of Senior Living Properties. Senior Living Properties LLC reserves the right to alter, amend, eliminate, or modify this agreement prior to the initiation of any proceeding controlled or falling under the terms of this Agreement." Judge Cain denied the motion to compel on the basis that the arbitration agreement was illusory and lacked mutuality because Senior Living could unilaterally avoid arbitration after a cause of action accrued, as long as it altered the agreement before the "initiation of any proceeding." See In re Palm Harbor Homes, Inc., 195 S.W.3d 672, 677 (Tex. 2006) (arbitration agreement may be illusory if party can unilaterally avoid agreement to arbitrate).
We deny the petition for a writ of mandamus.
PER CURIAM
Panel consists of Justice Nuchia, Jennings, and Keyes.
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