Kenneth Brown and Laura Brown v. the Horizon Owners Association, Inc.

• Court: Court of Appeals of Texas
• Decided: July 26, 2017
• Docket: 04-17-00159-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-17-00159-CV

Kenneth Brown and Laura BROWN, Appellants

v.

THE HORIZON OWNERS ASSOCIATION, Inc., Appellee

From the 198th Judicial District Court, Kerr County, Texas Trial Court No. 16794B Honorable Rex Emerson, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Irene Rios, Justice

Delivered and Filed: July 26, 2017

DISMISSED FOR LACK OF JURISDICTION

Kenneth Brown and Laura Brown appeal the trial court’s interlocutory order granting the

Horizon Owner’s Association, Inc.’s motion to compel arbitration and staying the proceedings in

the trial court. A trial court’s order compelling arbitration and staying proceedings in the district

court is not subject to interlocutory appeal See TEX. CIV. PRAC. & REM. CODE ANN. § 171.098

(West 2011); see also Chambers v. O’Quinn, 242 S.W.3d 30, 31–32 (Tex. 2007) (per curiam)

(explaining that neither the FAA nor the TAA allow interlocutory appeals from orders compelling

arbitration). Therefore, the trial court’s order is not an appealable interlocutory order, and this 04-17-00159-CV

Court does not have jurisdiction over this interlocutory appeal. See TEX. CIV. PRAC. & REM. CODE

ANN. § 51.014 (West 2015), § 171.098.

On June 8, 2017, we ordered appellants to show cause in writing why this appeal should

not be dismissed for lack of jurisdiction. Appellants did not respond.

Therefore, this appeal is dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).

Costs of appeal are taxed against appellant.

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