Opinion issued February 9, 2006
In The
Court of Appeals
For The
First District of Texas
NO. 01-04-00004-CV
NEXION HEALTH AT HUMBLE, INC. D/B/A HUMBLE HEALTHCARE CENTER, Appellant
V.
MARJORIE LYMAN, INDIVIDUALLY, AND AS SOLE SURVIVING SPOUSE OF JOHN D. LYMAN, DECEASED, Appellee
On Appeal from the 133rd District Court
Harris County, Texas
Trial Court Cause No. 2003-48676
MEMORANDUM OPINION
Appellant, Nexion Health at Humble, Inc. d/b/a Humble Healthcare Center (“HHC”) attempts to bring an interlocutory appeal from the trial court’s order denying appellant’s motion to compel arbitration, pursuant to the Texas Arbitration Act. In a related mandamus proceeding arising out of the same trial court action, the Texas Supreme Court has held that the Federal Arbitration Act (“FAA”) applies to this case, not the Texas Arbitration Act. See In re Nexion Health at Humble, Inc., 173 S.W.3d 67, 69, 70 (Tex. 2005) (“In this case, the arbitration agreement is governed by the FAA, which provides no option of interlocutory appeal, therefore, mandamus is available and HHC’s interlocutory appeal is immaterial”). Absent application of the Texas Arbitration Act, this Court has no jurisdiction to consider the interlocutory appeal. See Tex. Civ. Prac. & Rem.Code Ann. § 171.098 (Vernon 2005); Jack B. Anglin v. Tipps, 842 S.W.2d 266, 272 (Tex.1992) (holding mandamus is appropriate remedy for cases applying Federal Arbitration Act).
Accordingly, we dismiss the interlocutory appeal for want of jurisdiction.
Sherry Radack
Chief Justice
Panel consists of Chief Justice Radack and Justices Jennings and Alcala.