The Great American Pool, L.L.C. d/b/a American Pools of Houston v. Mary J. Phenneger and Joedy Phenneger

Summary

The First Court of Appeals of Texas dismissed an appeal from an order compelling arbitration. The court held that it lacked jurisdiction because the order was interlocutory and no statute authorized an appeal, and it dismissed the remaining motions as moot.

Holdings

1. An order compelling arbitration that does not dispose of all parties and issues is interlocutory, and no statute authorizes an appeal from that order; therefore, the court lacks appellate jurisdiction.
2. The court granted the motion to dismiss and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(1); it dismissed all other pending motions as moot.

Questions Presented

1. Whether the court of appeals had jurisdiction over an appeal from an order compelling arbitration.
2. Whether the appeal should be dismissed on the appellant's motion when the appellees agreed that the court lacked jurisdiction.

Disposition

dismissed