Opinion
04-24-00506-CV
08-21-2024
Brenda Elaine KING, Appellant v. CLARK, MALOUF & WHITE, LLP, Florida Fine Cars, Inc. (CARVIX), Appellees
From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2024CV03996 Honorable Cesar Garcia, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
On July 22, 2024, appellant filed a notice of appeal attempting to challenge the trial court's order granting appellees' motion to abate and motion to compel arbitration. Thereafter, the trial court clerk filed the clerk's record, and it does not contain a final judgment.
In general, an appeal may be taken only from a final judgment. Sabre Travel Int'l, Ltd. v. Deutsche Lufthansa AG, 567 S.W.3d 725, 730 (Tex. 2019). When an order does not dispose of all pending parties and claims, it remains interlocutory and unappealable until a final judgment is rendered unless a statutory exception applies. Id.; Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001). An order compelling arbitration is an interlocutory order, and neither the Texas Arbitration Act nor the Federal Arbitration Act provide for an interlocutory appeal from it. Chambers v. Quinn, 242 S.W.3d 30, 31-32 (Tex. 2007) (providing the Texas Arbitration Act is "one-sided, allowing interlocutory appeals solely from orders that deny arbitration."); see also Tex. Civ. Prac. & Rem. Code § 171.098(a) (omitting orders granting motion to compel arbitration from list of appealable orders relating to arbitration). We therefore do not have jurisdiction to review a trial court's order compelling arbitration until a final judgment is entered. Chambers, 242 S.W.3d at 32 (explaining order compelling arbitration may be reviewed on appeal from final judgment); Hum. Biostar, Inc. v. Celltex Therapeutics Corp., 514 S.W.3d 844 (Tex. App.-Houston [14th Dist.] 2017, pet. denied) (explaining court has jurisdiction to review order compelling arbitration after final judgment confirming arbitration award was entered).
Accordingly, because it appears we do not have jurisdiction over this appeal, we order appellant to show cause in writing, by September 5, 2024, why this appeal should not be dismissed for lack of jurisdiction. All appellate timelines are suspended until further order of this court.