L.T. Bradt and Joseph Rothstein v. MBNA America, N.A.

Opinion

Dismissed and Memorandum Opinion filed March 12, 2009

Dismissed and Memorandum Opinion filed March 12, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-08-01172-CV

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L.T. BRADT and JOSEPH ROTHSTEIN, Appellants

V.

MBNA AMERICA, N.A., Appellee

On Appeal from the 240th District Court

Fort Bend County, Texas

Trial Court Cause No. 05-DCV-143,801

M E M O R A N D U M   O P I N I O N

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.BHouston [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

Panel consists of Justices Yates, Guzman, and Sullivan.