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Estate of Wilwerding v. Faucett

State of Texas in the Fourteenth Court of Appeals
Jun 22, 2017
NO. 14-17-00350-CV (Tex. App. Jun. 22, 2017)

Opinion

NO. 14-17-00350-CV

06-22-2017

ESTATE OF ELIZABETH BETTY JEAN WILWERDING, Appellant v. CHRISTOPHER FAUCETT INDIVIUDALLY, GOLDSTEIN FAUCETT LLP, CLEARMAN PREBEG LLP, PREBEG FAUCETT AND ABBOTT LLP, NEWTON SCHWARTZ, INDIVIDUALLY, Appellees


On Appeal from the 151st District Court Harris County, Texas
Trial Court Cause No. 2016-77743

MEMORANDUM OPINION

This is an attempted interlocutory appeal from an April 11, 2017 order compelling arbitration under the Texas Arbitration Act. See Tex. Civ. Prac. & Rem. Code Ann. § 171.021 (West 2011). Appellant filed a notice of appeal on May 1, 2017.

Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex.2001). Interlocutory orders may be appealed only if permitted by statute. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).

Under the Texas Arbitration Act, an interlocutory appeal of an order denying a motion to compel arbitration is permitted. Tex. Civ. Prac. & Rem. Code Ann. § 171.098(a)(1). However, an interlocutory appeal of an order granting a motion to compel arbitration is not permitted. See id.; Chambers v. O'Quinn, 242 S.W.3d 30, 31 (Tex. 2007) (per curiam) ("The [Texas Arbitration] Act is one-sided, allowing interlocutory appeals solely from orders that deny arbitration.").

On May 23, 2017, this court notified the parties of its intention to dismiss the appeal for lack of jurisdiction unless, by June 2, 2017, a response was filed showing meritorious grounds for continuing the appeal. See Tex. R. App. P. 42.3(a). No response was filed.

The appeal is dismissed.

PER CURIAM Panel consists of Chief Justice Frost and Justices Jamison and Busby.


Summaries of

Estate of Wilwerding v. Faucett

State of Texas in the Fourteenth Court of Appeals
Jun 22, 2017
NO. 14-17-00350-CV (Tex. App. Jun. 22, 2017)
Case details for

Estate of Wilwerding v. Faucett

Case Details

Full title:ESTATE OF ELIZABETH BETTY JEAN WILWERDING, Appellant v. CHRISTOPHER…

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Jun 22, 2017

Citations

NO. 14-17-00350-CV (Tex. App. Jun. 22, 2017)

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