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In re Rolland

A delay in demanding arbitration does not constitute waiver unless there is actual prejudice to the opposing party.

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ORIGINAL PROCEEDING FROM TRAVIS COUNTY

Relator Donna Rolland filed a petition for writ of mandamus, complaining of the county court at law’s order granting a motion to compel arbitration filed by defendants and real parties in interest Wheaton Van Lines, Inc. and Potter Warehouse & Transfer Co. *fn1 We will grant Rolland’s petition in part.

In 1981, Rolland moved from Michigan to Texas. She contracted with Livernois Moving & Storage to store her property, mostly furniture, in Michigan. Rolland alleges that her property was in excellent condition when initially stored. Livernois ceased business in 1989. Upon Livernois’ recommendation, Rolland agreed to transfer her storage account from Livernois to defendant Potter Warehouse & Transfer Co. In 1997, Rolland decided to have her property shipped to Texas, and Potter recommended defendant Wheaton Van Lines, Inc. for the move. Rolland agreed and hired Wheaton in April 1997, purchasing insurance through Wheaton. When her property arrived, Rolland discovered the property was dank and some items were mildewed, damaged, or missing.

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