Leah Angle v. Rent-A-Center Texas, L.P.

Opinion

Opinion issued January 10, 2013

In The Court of Appeals For The First District of Texas

NO. 01-12-01056-CV ____________

LEAH ANGLE, INDIVIDUALLY AND AS NEXT FRIEND OF HER MINOR CHILD SEDAIREN CAMPBELL, AND HARDY MOORE, Appellants

V.

RENT-A-CENTER TEXAS, L.P., Appellee

On Appeal from the 125th District Court Harris County, Texas Trial Court Cause No. 1229067

MEMORANDUM OPINION

This is an attempted appeal from an order granting a motion to compel

arbitration. A partial clerk’s record was ordered so this Court could determine its

jurisdiction. The record was filed December 5, 2012. Generally, appeals may be taken only from final judgments. Lehmann v.

Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be

appealed only if authorized by statute. Bally Total Fitness Corp. v. Jackson, 53

S.W.3d 352, 352 (Tex. 2001).

Here, the record reveals that no final judgment has been entered in this

pending case. The record contains the trial court’s order granting appellee’s motion

to compel arbitration. The order does not dismiss the underlying litigation. An

order granting a motion to compel arbitration that does not dismiss the underlying

litigation is not an appealable interlocutory order. See In re Gulf Exploration, LLC,

289 S.W.3d 836, 840 (Tex. 2009).

On November 29, 2012, the Court notified the parties of its intent to dismiss

the appeal for want of jurisdiction unless appellant filed a response demonstrating

this court’s jurisdiction on or before December 10, 2012. See TEX. R. APP. P.

42.3(a). Appellant has not filed a response.

Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R.

APP. P. 42.3(a), 43.2(f). We dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Bland and Huddle.