Opinion
No. 04-05-00929-CV
Delivered and Filed: February 22, 2006.
Appeal from the County Court at Law No. 3, Bexar County, Texas, Trial Court No. 291391, Honorable David J. Rodriguez, Judge Presiding.
The Honorable Irene Rios signed the order MBNA America Bank, N.A. appeals.
Dismissed for Lack of Jurisdiction.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
MBNA America Bank, N.A. appeals the trial court's order denying MBNA's motion for a summary judgment on its claim to confirm an arbitration award under the Federal Arbitration Act and its motion to compel arbitration under the Federal Arbitration Act of any claim that survives its motion for a summary judgment.
An order denying a motion for summary judgment is interlocutory and therefore may not be appealed unless authorized by statute. See Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998); Cincinnati Life Ins. Co. v. Cates, 927 S.W.2d 623, 625 (Tex. 1996). Texas statutory law does not authorize an interlocutory appeal from the trial court's refusal to enforce an arbitration agreement pursuant to the Federal Arbitration Act. See Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).
On February 1, 2006, we ordered MBNA to file, on or before February 10, 2006, a response showing cause why this appeal should not be dismissed for lack of jurisdiction. See Tex.R.App.P. 42.3(a). MBNA responded to our show cause order by "acknowledg[ing] that a Petition of Writ of Mandamus, rather than an interlocutory appeal, may provide a more appropriate method for challenging the District Court's refusal to Confirm MBNA's [Federal Arbitration Act] award through the issuance of summary judgment in MBNA's favor" and by withdrawing its notice of interlocutory appeal.
We therefore dismiss this appeal for lack of jurisdiction.