IN THE
TENTH COURT OF APPEALS
No. 10-98-250-CV
LEANDER CUT STONE CO., INC.,
Appellant
v.
BRAZOS MASONRY, INC.,
Appellee
From the County Court at Law No. 2
McLennan County, Texas
Trial Court # 970308
CONCURRING OPINION
The only issue the parties have raised in this case is whether their dispute is within the scope of their arbitration agreement. Thus, this court should not engage in a discussion of how the trial court should analyze whether an arbitration agreement is valid or enforceable. Because I believe the discussion is wrong and likely to confuse the placement of the burden of proof at trial, I also express my disagreement with this discussion by the majority. However, since the majority’s discussion is dicta and does not result in an improper result in this case, I concur in the result. Although it is tempting to respond to the discussion of the majority, I will wait until the issue is properly before us to discuss the trial court procedure to resolve a dispute regarding the validity of an arbitration agreement, the related placement of the burden of proof and our standard of review.
THOMAS W. GRAY
Justice
Concurring opinion delivered and filed March 31, 1999
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