Opinion
No. 04-06-00274-CV
Delivered and Filed: May 24, 2006.
This proceeding arises out of Cause No. 304,838, styled Juan Obregon v. American Roofing and Metal Company, Inc., pending in the County Court at Law No. 2, Bexar County, Texas; however, the challenged order was signed by the Honorable Irene Rios, the presiding judge of the County Court at Law No. 10, Bexar County, Texas.
Petition for Writ of Mandamus Denied.
Sitting: Alma L. LÓPEZ, Chief Justice, Karen ANGELINI, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
On April 25, 2006, relator American Roofing filed a petition for a writ of mandamus seeking relief from an order denying its application to compel arbitration. A trial court's order denying arbitration under the Texas Arbitration Act is subject to interlocutory appeal. Tex. Civ. Prac. Rem. Code Ann. § 171.098(a)(1) (Vernon 2005). However, relief from a denial of arbitration sought under the Federal Arbitration Act must be pursued by mandamus. EZ Pawn Corp v. Mancias, 934 S.W.2d 87, 91 (Tex. 1996). The Federal Arbitration Act ("FAA") governs a written arbitration clause in a "contract evidencing a transaction involving commerce." 9 U.S.C.A. § 2.
In this case, the trial court's order does not specify which Act applies. The record shows that American Roofing provides roofing systems for residential and commercial projects in Texas and other states, and that the underlying controversy relates to American Roofing's relationship with a former employee. Additionally, the written arbitration policy expressly invokes the Federal Arbitration Act and recognizes that the work of American Roofing employees involves interstate commerce. Accordingly, we hold that the Federal Arbitration Act applies in this case and, therefore, the trial court's order must be reviewed by a petition for a writ of mandamus. See In re Big 8 Food Stores, Ltd., 166 S.W.3d 869, 879 (Tex.App.-El Paso 2005, orig. proceeding) (employer's relationship with its employees involved interstate commerce when employer's business operations fell within the scope of Congress's regulatory power under the Commerce Clause); In re Alamo Lumber Co., 23 S.W.3d 577, 579 (Tex.App.-San Antonio 2000, orig. proceeding) (holding the FAA governed an arbitration policy that expressly invoked the FAA).
The court has considered relator's petition for a writ of mandamus and is of the opinion that relator is not entitled to the relief sought. Accordingly, relator's petition for a writ of mandamus is denied. See Tex.R.App.P. 52.8(a).