No Interlocutory Appeal from Order Compelling Arbitration

Houston Court of Appeals finds that attempted appeal from order sending the parties to arbitration must be dismissed regardless of whether the arbitration is governed by the Texas Arbitration Act (TAA) or the Federal Arbitration Act (FAA). Neither act authorizes immediate interlocutory review of a trial court's order granting a motion to compel arbitration. Bradt v. MBNA America, N.A. (Tex. App. – Houston [14th Dist.] 2009)(per curiam) MEMORANDUM OPINION This is an attempted appeal from an order, signed November 5, 2008, compelling arbitration. We dismiss this appeal for lack of jurisdiction. By statute, a party may appeal an order denying arbitration under the Texas Arbitration Act, but the statute does not provide for an appeal of an order compelling arbitration. See Tex. Civ. Prac. & Rem. Code Ann. §171.098(a) (Vernon 2005). An interlocutory order compelling arbitration under the Federal Arbitration Act is also not appealable. See In re Poly-America, L.P., 262 S.W.3d 337, 345 (Tex. 2008)(citing to 9 U.S.C. § 16(b)(1)). Thus, whether the arbitration provision in this case implicates the Texas or Federal Arbitration Act, the order signed November 5, 2008, is not appealable. See Gathe v. Cigna Healthplan of Texas, Inc., 879 S.W.2d 360, 362 (Tex. App.- Houston [14th Dist.] 1994, writ denied). On January 21, 2009, notification was transmitted to the parties of this court's intention to dismiss the appeal for want of jurisdiction unless appellants filed a response demonstrating grounds for continuing the appeal on or before February 2, 2009. See Tex. R. App. P. 42.3(a). Appellants filed no response. Accordingly, the appeal is ordered dismissed. PER CURIAM Bradt v. MBNA America, N.A. (Tex. App. – Houston [14th Dist.] Mar. 12, 2009)(per curiam dimissal) (trial court order compelling arbitration not subject to prompt appellate review by way of interlocutory appeal) APPEAL DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Sullivan 14-08-01172-CV L.T. Bradt and Joseph Rothstein v. MBNA America, N.A. Appeal from 240th District Court of Fort Bend County Trial Court Judge: Thomas Ralph Culver RELATED LINKS: Arbitration-Related Decisions from the Houston Courts of Appeals | Does TAA or FAA apply, or do both? | Arbitration Mandamus |