Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
ESTATE OF ELIZABETH BETTY JEAN WILWERDING, Appellant v. CHRISTOPHER FAUCETT INDIVIUDALLY, GOLDSTEIN FAUCETT LLP, CLEARMAN PREBEG LLP, PREBEG FAUCETT AND ABBOTT LLP, NEWTON SCHWARTZ, INDIVIDUALLY, Appellees
MEMORANDUM OPINION
This is an attempted interlocutory appeal from an April 11, 2017 order compelling arbitration under the Texas Arbitration Act. See Tex. Civ. Prac. & Rem. Code Ann. § 171.021 (West 2011). Appellant filed a notice of appeal on May 1, 2017.
Generally, appeals may be taken only from final judgments. Lehmann v. Har–Con Corp., 39 S.W.3d 191, 195 (Tex.2001). Interlocutory orders may be appealed only if permitted by statute. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).
Under the Texas Arbitration Act, an interlocutory appeal of an order denying a motion to compel arbitration is permitted. Tex. Civ. Prac. & Rem. Code Ann. § 171.098(a)(1). However, an interlocutory appeal of an order granting a motion to compel arbitration is not permitted. See id.; Chambers v. O'Quinn, 242 S.W.3d 30, 31 (Tex. 2007) (per curiam) (“The [Texas Arbitration] Act is one-sided, allowing interlocutory appeals solely from orders that deny arbitration.”).
On May 23, 2017, this court notified the parties of its intention to dismiss the appeal for lack of jurisdiction unless, by June 2, 2017, a response was filed showing meritorious grounds for continuing the appeal. See Tex. R. App. P. 42.3(a). No response was filed.
The appeal is dismissed.
PER CURIAM
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: NO. 14-17-00350-CV
Decided: June 22, 2017
Court: Court of Appeals of Texas, Houston (14th Dist.).
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)