Opinion issued August 15, 2002
In The
Court of Appeals
For The
First District of Texas
NO. 01-02-00109-CV
____________
TENET HEALTHCARE, LTD. D/B/A PARK PLAZA HOSPITAL, Appellant
V.
VONESSA VALYAN, Appellee
On Appeal from the 157th District Court
Harris County, Texas
Trial Court Cause No. 2001-24382
O P I N I O N
In this accelerated case, appellant, Tenet Healthcare, Ltd. d/b/a Park Plaza Hospital (Tenet), challenges the trial court's January 4, 2002 order denying Tenet's motion to compel arbitration between it and appellee, Vonessa Valyan.
The arbitration clause at issue is contained within an Employee Handbook Acknowledgment Form. It is uncontested that the form, signed by Valyan, specifies as follows:
I hereby voluntarily agree to use the Company's Fair Treatment Process and to submit to final and binding arbitration any and all claims and disputes that are related in any way to my employment or the termination of my employment with Tenet.
It also specifies that "such arbitration will be conducted before an experienced arbitrator chosen by me and the Company, and will be conducted under the Federal Arbitration Act." In its motion to compel arbitration, Tenet sought to enforce this provision of the parties' agreement. Therefore, assuming Valyan's claims fall within the scope of the parties' arbitration agreement, the Federal Arbitration Act clearly applies. See BWI Co., Inc. v. Beck, 910 S.W.2d 620, 621 (Tex. App.--Austin 1995, orig. proceeding [leave denied]).
Mandamus, not interlocutory appeal, is the proper means for reviewing an order denying arbitration under the Federal Arbitration Act. Cantella & Co., Inc. v. Goodwin, 924 S.W.2d 943, 945 (Tex. 1996); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). Thus, we have no jurisdiction to consider this interlocutory appeal and we must dismiss it for want of jurisdiction. See Belmont Constructors, Inc. v. Lyondell Petrochemical Co., 896 S.W.2d 352, 356 (Tex. App.--Houston [1st Dist.] 1995, no writ).
Conclusion
We dismiss Tenet's interlocutory appeal of the trial court's January 4, 2002 order. (1)
Terry Jennings
Justice
Panel consists of Justices Hedges, Jennings, and Keyes.
Do not publish. Tex. R. App. P. 47.
1. In a parallel proceeding, Tenet has also filed a petition for writ of mandamus challenging the trial court's January 4, 2002 order. We address the merits of Tenet's claims in that proceeding. In re Tenet Healthcare, Ltd. d/b/a Park Plaza Hospital, 01-02-00286-CV (Tex. App.--Houston [1st Dist.] August 15, 2002, no pet. h.).