Opinion
No. 14-05-00158-CV
Memorandum Opinion filed April 14, 2005.
On Appeal from the 328th District Court, Fort Bend County, Texas, Trial Court Cause No. 03-CV-129829.
Dismissed.
Panel consists of Justices YATES, ANDERSON, and HUDSON.
MEMORANDUM OPINION
This is an attempted accelerated appeal from an order, signed February 7, 2005, denying appellant's request for a motion for sanctions to be heard by a mediator.
In her brief, appellee argues that the order is not appealable. Appellee contends this case does not involve an order under the Texas Arbitration Act, but instead concerns mediation under Chapter 6 of the Family Code, which does not provide for appeal.
This is a divorce case. In August 2004, the parties entered into a "settlement agreement" that provided for referral to a mediator existing discovery disputes regarding property. The record does not show whether that mediation occurred. By notice dated December 2, 2004, the case was set for jury trial on March 8, 2005 before the associate judge. Appellee moved for discovery sanctions in motions filed January 14, 2005, and January 19, 2005. On January 26, 2005, appellant filed a motion requesting that the motions for sanctions be submitted to the mediator. The order denying this request is the order from which appellant appeals.
An order denying an application for arbitration is made appealable by statute. Tex. Civ. Prac. Rem. Code Ann. § 171.098(a)(1) (Vernon Supp. 2004-05). However, the statute specifies that a party may appeal an order "denying an application to compel arbitration made under Section 171.021." TEX. CIV. PRAC. REM. CODE ANN. § 171.098(a)(1) (Vernon Supp. 2004-05) (emphasis added). Thus, only requests for arbitration made under section 171.028 are subject to the provision for interlocutory appeal.
The request in this case asked for submission of a motion for sanctions to a mediator, to whom the parties had previously agreed to submit a discovery dispute. This is not a request for arbitration made under section 171.021. Instead, the request in this case was for the judge to submit a sanctions motion to a mediator pursuant to an earlier agreement that was made in accordance with section 6.602 of the Family Code. See Tex. Fam. Code Ann. § 6.602(a) (Vernon Supp. 2004-05) (provides for referral of a suit to mediation upon written agreement of the parties). The Family Code does not provide for interlocutory appeal of an order concerning a mediation agreement. Accordingly, no authority supports our jurisdiction over this interlocutory order.
Because we find we have no jurisdiction, we order the appeal dismissed.