Isaiah Omoregie v. TPS Will Clayton, LLC Lyft, Inc., Rotimi Babasola, and Aytodele Peter Olawuni

• Court: Texas Court of Appeals, 1st District (Houston)
• Decided: January 29, 2026
• Docket: 01-25-00853-CV
• Status: Published

Opinion

Opinion issued January 29, 2026

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00853-CV ——————————— ISAIAH OMOREGIE, Appellant V. TPS WILL CLAYTON, LLC, LYFT, INC., ROTIMI BABASOLA, AND AYTODELE PETER OLAWUNI, Appellees

On Appeal from the 270th District Court Harris County, Texas Trial Court Case No. 2024-17617

MEMORANDUM OPINION

Appellant is attempting to appeal from an order, signed September 22, 2025,

granting a motion to compel arbitration and stay trial court proceedings, filed by

appellee Lyft, Inc. Appellee has filed a motion to dismiss the appeal for lack of jurisdiction. The certificate of conference indicates that appellant opposed the

motion, but appellant has filed no response.

Appellee asserts that the order appellant is attempting to appeal is an

unappealable interlocutory order. Appellate courts have jurisdiction to review

interlocutory orders only if a statute explicitly confers jurisdiction. See Stary v.

DeBord, 967 S.W.2d 352, 352–53 (Tex. 1998). “When a party attempts to appeal a

non-appealable interlocutory order, we have no jurisdiction except to dismiss the

appeal.” Cantu Servs., Inc. v. United Freedom Ass’n, Inc., 329 S.W.3d 58, 63 (Tex.

App.—El Paso 2010, no pet.).

An order compelling arbitration is not reviewable by interlocutory appeal but

may be appealed from a final judgment in the case. See Human Biostar, Inc. v.

Celltex Therapeutics Corp., 514 S.W.3d 844, 847 (Tex. App.—Houston [14th Dist.]

2017, pet. denied). This interlocutory order is not made appealable by the Federal

Arbitration Act. See id. (citing 9 U.S.C.A. §16(b)(1),(3)). No Texas statute permits

appeal from this type of order. See TEX. CIV. PRAC. & REM. CODE § 51.016 (order

under the Federal Arbitration Act is not appealable unless appeal is permitted under

9 U.S.C.A. §16); Brown v. Horizon Owners Ass’n, Inc., No. 04-17-00159-CV, 2017

WL 3159442, at *1 (Tex. App.—San Antonio July 26, 2017, no pet.) (noting that

neither Federal Arbitration Act nor Texas Arbitration Act permit interlocutory appeals from orders compelling arbitration). Accordingly, we lack jurisdiction over

this appeal.

We grant appellee’s motion and dismiss the appeal. See TEX. R. APP. P.

42.3(a). Any other pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Guerra, Caughey, and Dokupil.