Opinion
05-21-01146-CV
06-30-2022
MA'KIYA CONGIOUS, Appellant v. WHATABURGER RESTAURANTS, LLC, Appellee
On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-10702
Before Molberg, Reichek, and Garcia, Justices.
MEMORANDUM OPINION
AMANDA L. REICHEK, JUSTICE.
Appellant appeals from the trial court's December 15, 2021 order granting appellee's motion to compel arbitration. Because neither the Texas Arbitration Act nor the Federal Arbitration Act permits an appeal from an order granting a motion to compel arbitration, see TEX. CIV. PRAC. & REM. CODE ANN. § 171.098; § 51.016; 9 U.S.C. § 16, we questioned our jurisdiction over the appeal. At the Court's request, the parties filed letter briefs addressing the jurisdictional issue.
In her letter brief, appellant acknowledges that orders granting a motion to compel arbitration are not ordinarily subject to interlocutory appeal. Asserting that a controlling question of law is involved, appellant explains that she has asked the trial court to sign an amended order granting permission to appeal the interlocutory order. As support, appellant relies on both the state and federal statutes allowing permissive appeals of orders that are not otherwise appealable. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d); 28 U.S.C. § 1292(b). To proceed under either of these statutes, the trial court must sign an order stating the order involves a controlling question of law as to which there is a substantial ground for difference of opinion and that immediate appeal form the order may materially advance the ultimate termination of the litigation. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d)(1)-(2); 28 U.S.C. § 1292(b). The reviewing court must then accept the appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(f); 28 U.S.C. § 1292(b). Appellant asks that we "allow the appeal to proceed upon entry of [an] order granting permission to appeal by the trial court." As the requirements for filing a permissive appeal are strictly construed and not satisfied in the absence of a written order permitting the appeal, we decline appellant's request. See id; TEX. R. APP. P. 28.3.
Because the trial court's order is not subject to interlocutory appeal, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee WHATABURGER RESTAURANTS, LLC recover its costs of this appeal from appellant MA'KIYA CONGIOUS.