Sherilyn Magee-Flick, Individually, as Personal Representative, as Heir to and on Behalf of All Beneficiaries to the Estate of Mabel Phillips v. THI of Texas at Longmeadow, LLC D/B/A Longmeadow Healthcare Center

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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-08-048-CV SHERILYN MAGEE-FLICK, APPELLANT INDIVIDUALLY, AS PERSONAL REPRESENTATIVE, AS HEIR TO AND ON BEHALF OF ALL BENEFICIARIES TO THE ESTATE OF MABEL PHILLIPS V. THI OF TEXAS AT LONGMEADOW, APPELLEE LLC D/B/A LONGMEADOW HEALTHCARE CENTER ------------ FROM THE 16TH DISTRICT COURT OF DENTON COUNTY ------------ MEMORANDUM OPINION 1 ------------ Appellant Sherilyn Magee-Flick, Individually, as Personal Representative, as Heir to and on Behalf of All Beneficiaries to The Estate of Mabel Phillips 1 See T EX. R. A PP. P. 47.4. appeals from the trial court’s interlocutory order compelling binding arbitration. On February 11, 2008, we sent Appellant a letter stating our concern that we may have no jurisdiction over this appeal because the order does not appear to be a final appealable order or judgment, nor does it appear to be an appealable interlocutory order. See T EX. C IV. P RAC. & R EM. C ODE A NN. § 51.014(a) (Vernon Supp. 2007) (listing appealable interlocutory orders), § 171.098(a)(1) (allowing interlocutory appeals to be taken from orders denying an application to compel arbitration); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (providing general rule that an appeal may be taken only from a final judgment). We indicated that this court would dismiss this appeal if we did not receive a response showing grounds for continuing the appeal by February 21, 2008. We received no response. Accordingly, because the order is neither a final judgment nor an appealable interlocutory order, we dismiss this appeal for want of jurisdiction. See T EX. R. A PP. P. 42.3(a), 43.2(f). PER CURIAM PANEL D: WALKER; CAYCE, C.J.; and MCCOY, JJ. DELIVERED: March 13, 2008 2