Chambers v. O'Quinn

242 S.W.3d 30 (Tex. 2007) · Supreme Court of Texas · December 14, 2007 · No. No. 06-1073

Summary

The Supreme Court of Texas held that a prior denial of mandamus relief did not deprive the court of appeals of jurisdiction to review an order compelling arbitration in an appeal from a final judgment. The court reversed the dismissal and remanded for review of the arbitration order on the merits.

Holdings

  1. An order compelling arbitration may be reviewed on appeal from a final judgment, even though the Texas Arbitration Act and Federal Arbitration Act do not provide for an interlocutory appeal from such an order.
  2. A prior denial of a discretionary writ of mandamus, without comment on the merits, does not deprive another appellate court of jurisdiction to consider the matter in a subsequent appeal.

Questions Presented

  1. Whether a Texas court of appeals has appellate jurisdiction to review an order compelling arbitration as part of an appeal from a final judgment.
  2. Whether prior denials of mandamus relief without comment on the merits deprive a different appellate court of jurisdiction to review the arbitration order in a subsequent appeal.

Disposition

reversed_and_remanded

Cases Cited (8)

  • In re Chambers, 2002 WL 24567, at *1(described)
  • In re Chambers, Cause No. 14-02-00020-CV (Tex. App.—Houston [14th Dist.] 2002)(described)
  • In re Chambers, Cause No. 02-0154 (Tex. 2002)(described)
  • Chambers v. O'Quinn, 2006 Tex. App. LEXIS 9006, at *3-4, 2006 WL 2974318, at *1 (Tex. App.—Houston [1st Dist.] Oct. 19, 2006)(described)
  • In re Am. Homestar of Lancaster, Inc., 50 S.W.3d 480, 483 (Tex. 2001)(followed)
  • Freis v. Canales, 877 S.W.2d 283, 284 (Tex. 1994)(followed)
  • Green Tree Fin. Corp. v. Randolph, 531 U.S. 79, 89, 121 S. Ct. 513, 148 L. Ed. 2d 373 (2000)(followed)
  • In re AIU Ins. Co., 148 S.W.3d 109, 119 (Tex. 2004)(followed)

Cited In (0)

No citing cases on record yet.

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