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Brown v. Horizon Owners Ass'n, Inc.

Fourth Court of Appeals San Antonio, Texas
Jul 26, 2017
No. 04-17-00159-CV (Tex. App. Jul. 26, 2017)

Opinion

No. 04-17-00159-CV

07-26-2017

Kenneth Brown and Laura BROWN, Appellants v. THE HORIZON OWNERS ASSOCIATION, Inc., Appellee


MEMORANDUM OPINION

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 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 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


Summaries of

Brown v. Horizon Owners Ass'n, Inc.

Fourth Court of Appeals San Antonio, Texas
Jul 26, 2017
No. 04-17-00159-CV (Tex. App. Jul. 26, 2017)
Case details for

Brown v. Horizon Owners Ass'n, Inc.

Case Details

Full title:Kenneth Brown and Laura BROWN, Appellants v. THE HORIZON OWNERS…

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jul 26, 2017

Citations

No. 04-17-00159-CV (Tex. App. Jul. 26, 2017)

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