Opinion
No. 05-20-00425-CV
05-27-2020
COREY STEELE, Appellant v. TREPEX CONSTRUCTION, LLC, CIVITAS SENIOR HEALTHCARE, LLC AKA/DBA CIVITAS SENIOR LIVING, LEGACY OAKS AT MIDLOTHIAN, AND CSL MIDLOTHIAN 2017, LLC Appellees
On Appeal from the 14th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-19-18523
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Whitehill, and Justice Nowell
Opinion by Chief Justice Burns
At issue in this interlocutory appeal is the following trial court order:
ORDER GRANTING DEFENDANT TREPEX CONSTRUCTION , LLC'S
MOTION TO STAY CASE AND COMPEL ARBITRATION
On this date came on to be heard Defendant Trepex Construction, LLC's ("Trepex" or "Defendant") Motion to Dismiss Case and Compel Arbitration, and the Court, having reviewed the pleadings and hearing the arguments of counsel, is of the opinion that the Motion to Dismiss Case and Compel Arbitration is meritorious and should be granted in all respects.
It is therefore ORDERED, ADJUDGED AND DECREED that Defendant's Motion to Dismiss Case and Compel Arbitration is hereby GRANTED in its entirety, and that the claims asserted in Plaintiff's Original Petition and Complaint are hereby stayed until they are resolved by binding arbitration.Because an order granting a stay and compelling arbitration is not reviewable by interlocutory appeal, we questioned our jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. § 171.098(a); Chambers v. O'Quinn, 242 S.W.3d 30, 31 (Tex. 2007) (per curiam).
It is further ORDERED, ADJUDGED AND DECREED that in accordance with Texas Rule of Civil Procedure 91a.7, Plaintiff Corey Steele is hereby ORDERED to pay all costs and reasonable and necessary attorneys' fees incurred by Defendant in the defense of the claims asserted in the Original Petition and Complaint in the amount of $___.
/s/
The motion was filed pursuant to section 171.021 of the Texas Arbitration Act. See TEX. CIV. PRAC. & REM. CODE ANN. § 171.021.
In a letter brief filed at our request, appellant acknowledges that an order granting a stay and compelling arbitration is not reviewable by interlocutory appeal. He notes, however, that a motion to dismiss pursuant to Texas Rule of Civil Procedure 91a was also filed and argues that the order here is final and appealable because the motion to dismiss that the order references and grants is the rule 91a motion. We disagree.
While a rule 91a motion was filed, it was filed by Civitas Senior Healthcare LLC aka/dba Civitas Senior Living, Legacy Oaks at Midlothian, and CSL Midlothian 2017 LLC. It was not filed by Trepex. The only motion filed by Trepex was a "motion to stay and compel arbitration," and the relief requested was that the case be stayed and the parties compelled to arbitration. Moreover, the order does not reference Civitas, Legacy Oaks, and CSL, does not include any of the hallmarks of finality, and does not dismiss the case. See In re Gulf Exploration, LLC, 289 S.W.3d 836, 840 (Tex. 2009).
From a review of the entire record, it is clear that the order misnames the motion it is granting. Because the order is not appealable, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Chambers, 242 S.W.3d at 31.
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE 200425F.P05
JUDGMENT
COREY STEELE, Appellant V. TREPEX CONSTRUCTION, LLC, CIVITAS SENIOR HEALTHCARE, LLC AKA/DBA CIVITAS SENIOR LIVING, LEGACY OAKS AT MIDLOTHIAN, CSL MIDLOTHIAN 2017, LLC Appellees On Appeal from the 14th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-19-18523.
Opinion delivered by Chief Justice Burns, Justices Whitehill and Nowell participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal. Judgment entered May 27, 2020.