Franklin Structures, LLC v. Karl Edmond Williams and Tonya Marie Williams

Summary

The court held that the Williamses assented to and ratified the arbitration provision in Franklin's warranty because they accepted warranty services and asserted express-warranty claims based on the same warranty. The court further held that the trial court failed to enforce the provision according to its terms because it did not first compel nonbinding mediation, followed if necessary by binding arbitration. The order was reversed and remanded for entry of a consistent order.