Opinion
05-23-01156-CV
01-26-2024
BUILDERS FIRSTSOURCE-SOUTH TEXAS, L.P., BUILDERS FIRSTSOURCE-DALLAS, LLC, AND BUILDERS FIRSTSOURCE, INC., Appellants v. DESHAWN WHITE, Appellee
On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-22-01477-B
ORDER
BONNIE LEE GOLDSTEIN JUSTICE
We REINSTATE this appeal.
Appellants appeal from the trial court's November 2, 2023 interlocutory order denying appellants' motion to reconsider and supplemental motion to stay and compel arbitration. Because it was not clear if the trial court had indeed denied the motion to compel arbitration which would be an appealable interlocutory order, see TEX. CIV. PRAC. &REM. CODE ANN. § 51.016; 171.098(a)(1), we ordered the trial court to clarify her ruling and abated the appeal.
The trial court signed a clarifying order on January 10, 2024. In the order, the trial court clarified its ruling as follows:
The order is viewable on the trial court's website. A supplemental clerk's record with the trial court's January 10, 2024 clarifying order was due January 17, 2024. To date, it has not been filed.
The Court has not definitely denied the motion to compel arbitration. This matter is set for a jury trial on April 4, 2024 for the purpose of determining whether any or all claims are subject to arbitration.
In light of the trial court's clarifying order, the Court questions its jurisdiction over this appeal. See Builders FirstSource, Inc. v. White, No. 05-22-00724-CV, 2023 WL 2674083, at *1 (Tex. App.-Dallas Mar. 29, 2023, no pet.) (dismissing appeal because order deferring a ruling on motion to compel arbitration not subject to interlocutory appeal). Accordingly, we ORDER appellants to file, on or before February 5, 2024, either (1) a motion to dismiss or (2) a letter brief explaining how we have jurisdiction over this appeal. Should appellant file a letter brief, appellee may file a response within ten days of appellant's letter brief. After reviewing any letter briefs filed, we will either dismiss the appeal for want of jurisdiction or notify the parties by letter that it appears we have jurisdiction over this appeal and set a new deadline for appellants' brief on the merits.
We ORDER Dallas County Clerk John Warren to file, on or before January 31, 2024, a supplemental clerk's record with the trial court's January 10, 2024 order.
We DIRECT the Clerk of this Court to send a copy of this letter to Mr. Warren and all parties.