Opinion
No. 05-21-00002-CV
03-08-2021
COOLEY HOLDINGS, LTD., COOLEY HOLDINGS 3 LLC D/B/A CLAY COOLEY CHEVROLET, AND CHASE E. COOLEY, Appellants v. WILLIAM B. BROOKINS, Appellee
On Appeal from the County Court at Law No. 4 Dallas County, Texas
Trial Court Cause No. CC-20-03434-D
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Smith
Opinion by Chief Justice Burns
Appellants appeal from the trial court's interlocutory order granting appellants' motion to compel arbitration and granting appellee's motion to strike the arbitration agreement, in part. The parties' arbitration agreement is governed by the Federal Arbitration Act. Because it appeared this order is not subject to interlocutory appeal, we instructed appellants to file a letter brief addressing our jurisdiction with an opportunity for appellee to respond. The parties complied.
In matters subject to the Federal Arbitration Act, an appeal is available under the same circumstances that an appeal from a federal district court's order would be permitted. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.016. The Federal Arbitration Act does not permit an appeal from an order granting a motion to compel arbitration or partially striking an arbitration agreement. See 9 U.S.C. § 16.
In their letter brief, appellants state that they do not believe a remedy by appeal exists. Appellants stated in their notice of appeal that they were filing it out of an abundance of caution "to preserve potential appellate rights." Appellants have also filed a petition for writ of mandamus concerning the same order and a motion to consolidate the two proceedings. The petition which remains pending is styled In re Colley Holdings, Ltd., Cooley Holdings 3 LLC d/b/a Clay Cooley Chevrolet, and Chase E. Cooley under appellate cause number 05-21-00026-CV.
Because the trial court's order is not subject to interlocutory appeal under the Federal Arbitration Act, we deny appellants' motion to consolidate and dismiss this appeal for want of jurisdiction. See 9 U.S.C. § 16; TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE 210021F.P05
JUDGMENT
On Appeal from the County Court at Law No. 4, Dallas County, Texas
Trial Court Cause No. CC-20-03434-D.
Opinion delivered by Chief Justice Burns. Justices Molberg and Smith participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee WILLIAM B. BROOKINS recover his costs of this appeal from appellants COOLEY HOLDINGS, LTD., COOLEY HOLDINGS 3 LLC D/B/A CLAY COOLEY CHEVROLET, AND CHASE E. COOLEY. Judgment entered March 8, 2021