CHIEF JUSTICE LISA MATZ
CAROLYN WRIGHT CLERK OF THE COURT
(214) 712-3450
JUSTICES theclerk@5th.txcourts.gov
DAVID L. BRIDGES
MOLLY FRANCIS GAYLE HUMPA
DOUGLAS S. LANG BUSINESS ADMINISTRATOR
ELIZABETH LANG-MIERS (214) 712-3434
Court of Appeals
ROBERT M. FILLMORE gayle.humpa@5th.txcourts.gov
LANA MYERS
DAVID EVANS
DAVID LEWIS Fifth District of Texas at Dallas FACSIMILE
(214) 745-1083
ADA BROWN
600 COMMERCE STREET, SUITE 200
CRAIG STODDART INTERNET
BILL WHITEHILL DALLAS, TEXAS 75202 WWW.TXCOURTS.GOV/5THCOA.ASPX
DAVID J. SCHENCK (214) 712-3400
September 22, 2015
Mr. Thomas Clark
Ms. Jill Malouf
Clark, Malouf & White, L.L.P.
12222 Merit Drive, Suite 340
Dallas, Texas 75251
RE: Court of Appeals Number: 05-15-00916-CV
Trial Court Case Number: DC-15-04034
Style: GeoTag, Inc. v. Lawrence P. Howorth
Dear Counsel:
The Court has reviewed the clerk’s record and has a question concerning our jurisdiction
over the appeal. Specifically, there does not appear to be an appealable order. This Court has
jurisdiction only over appeals from final judgments and those interlocutory orders specifically
authorized by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A final
judgment is one that disposes of all parties and all claims. See id.
Appellant is appealing the trial court’s order granting a motion to compel arbitration. A
party may appeal an order denying a motion to compel arbitration. See TEX. CIV. PRAC. & REM.
CODE ANN. § 171.098(a)(1) (West 2011). There is no statutory authority for appealing an order
granting a motion to compel arbitration. See Brooks v. Pep Boys Automotive Supercenters, 104
S.W.3d 656, 660 (Tex. App.—Houston [1st Dist.] 2003, no pet.).
So that this Court can determine its jurisdiction over the appeal, appellant is requested to
file, by OCTOBER 2, 2015, a letter brief of no more than 3 pages explaining how this Court has
jurisdiction over the appeal. Appellee may file a responsive letter brief of no more than 3 pages
within 10 days of appellant’s brief. No extension of time will be granted. If either party will be
relying on information not in the record before this Court, that party must obtain a supplemental
clerk’s record from the trial court containing that information.
We suspend the current deadline for appellant’s brief on the merits. After it has
received briefs regarding the jurisdictional issue, the Court will either: (1) dismiss the appeal for
want of jurisdiction; or (2) notify the parties by letter that the Court appears to have jurisdiction
over the appeal and of the new deadline for appellant’s brief. We caution appellant that failure to
file a jurisdictional brief by OCTOBER 2, 2015, may result in dismissal of the appeal without
further notice.
Respectfully,
/s/ Lisa Matz, Clerk of the Court
cc: Mr. William Dunn
Dunn Sheehan, LLP
3400 Carlisle St., Suite 200
Dallas, Texas 75204
LM/rz
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