Kenneth Brown and Laura Brown v. the Horizon Owners Association, Inc.

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-17-00159-CV Kenneth Brown and Laura BROWN, Appellants v. THE HORIZON OWNERS ASSOCIATION, Inc., Appellee From the 198th Judicial District Court, Kerr County, Texas Trial Court No. 16794B Honorable Rex Emerson, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Irene Rios, Justice Delivered and Filed: July 26, 2017 DISMISSED FOR LACK OF JURISDICTION Kenneth Brown and Laura Brown appeal the trial court’s interlocutory order granting the Horizon Owner’s Association, Inc.’s motion to compel arbitration and staying the proceedings in the trial court. A trial court’s order compelling arbitration and staying proceedings in the district court is not subject to interlocutory appeal See TEX. CIV. PRAC. & REM. CODE ANN. § 171.098 (West 2011); see also Chambers v. O’Quinn, 242 S.W.3d 30, 31–32 (Tex. 2007) (per curiam) (explaining that neither the FAA nor the TAA allow interlocutory appeals from orders compelling arbitration). Therefore, the trial court’s order is not an appealable interlocutory order, and this 04-17-00159-CV Court does not have jurisdiction over this interlocutory appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014 (West 2015), § 171.098. On June 8, 2017, we ordered appellants to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellants did not respond. Therefore, this appeal is dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3(a). Costs of appeal are taxed against appellant. PER CURIAM -2-