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.
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