Progreso LLC and Progreso La Michoacana Meat Market San Antonio #10, LLC v. Rosamaria Gonzalez

Summary

The Fourth Court of Appeals of Texas ordered the appellants to show cause why their interlocutory appeal should not be dismissed for lack of jurisdiction. The clerk’s record did not contain the order denying the appellants’ motion to compel arbitration, and the court suspended all other appellate deadlines pending further order.

Holdings

1. A party may not appeal an interlocutory order unless an applicable statute authorizes the appeal.
2. An interlocutory appeal from an order denying a motion to compel arbitration may be available under the Texas Arbitration Act or the Federal Arbitration Act in appropriate circumstances, subject to the stated statutory and preemption conditions.

Questions Presented

1. Whether the court had jurisdiction over the purported interlocutory appeal when the appellate record did not contain the order identified in the notice of appeal or any order denying the motion to compel arbitration.
2. Whether appellants should be required to show cause why the appeal should not be dismissed for lack of jurisdiction.

Disposition

other