Opinion
No. 04-17-00159-CV
06-08-2017
Kenneth BROWN and Laura Brown, Appellant v. THE HORIZON OWNERS ASSOCIATION, INC., Appellee
From the 198th Judicial District Court, Kerr County, Texas
Trial Court No. 16794B
Honorable Rex Emerson, Judge Presiding
ORDER
Kenneth Brown and Laura Brown appeal the trial court's interlocutory order granting The Horizon Owner's Association, Inc.'s motion to compel arbitration and staying the proceedings in the trial court. A trial court's order compelling arbitration and staying proceedings in the district court is not subject to interlocutory appeal See TEX. CIV. PRAC. & REM. CODE ANN. § 171.098 (West 2011); see also Chambers v. O'Quinn, 242 S.W.3d 30, 31-32 (Tex. 2007) (per curiam) (explaining that neither the FAA nor the TAA allow interlocutory appeals from orders compelling arbitration). Therefore, it appears the trial court's order is not an appealable interlocutory order, and this Court does not have jurisdiction over this interlocutory appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014 (West 2015), § 171.098.
It is therefore ORDERED that appellants show cause in writing within fifteen days from the date of this order why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended pending determination of jurisdiction.
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of June, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk