Thursday, August 30, 2007

Ruling on motion invoking right to arbitrate under FAA not subject to interlocutory appeal

In parallel proceeding Houston-based First Court of Appeals also denied mandamus relief. William E. Trump v. Vaughn Arthur Motsko, No. 01-07-00486-CV (Tex.App.- Houston [1st Dist.] Aug. 30, 2007)(Per Curiam)(Before Justices Nuchia, Hanks and Bland)(appeal dismissed, DWOJ) Appeal from Probate Court No 3 of Harris County Trial Court Cause No. 371,418-401 MEMORANDUM OPINION This is an attempted interlocutory appeal from the probate court's order denying appellant William E. Trump's motion to abate proceedings and quash his deposition. Trump alleges that conducting the deposition violates the Federal Arbitration Act. See 9 U.S.C. §§ 1-16 (2000). Trump also filed a petition for a writ of mandamus in this Court, which was denied. In re Trump, No. 01-07-00485-CV (Tex. App.--Houston [1st Dist.] June 18, 2007, orig. proceeding) (mem. op.). There is no statute authorizing an interlocutory appeal from an order granting or denying a request to compel arbitration under the Federal Arbitration Act. Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). The probate court's order is also not a final, appealable order. See Tex. Prob. Code Ann. § 5(g) (Vernon Supp. 2006). We dismiss the appeal for want of jurisdiction. The Clerk of this Court is directed to issue the mandate immediately. See Tex. R. App. P. 18.6. PER CURIAM Panel consists of Justices Nuchia, Hanks, and Bland.

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