Shakeel Mustafa v. Felix Rippy ( 2015 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
ON MOTION FOR REHEARING
NO. 03-15-00422-CV
Shakeel Mustafa, Appellant
v.
Felix Rippy, Appellee
FROM THE COUNTY COURT AT LAW NO. 4 OF WILLIAMSON COUNTY
NO. 15-0708-CC4, HONORABLE JOHN MCMASTER, JUDGE PRESIDING
MEMORANDUM OPINION
We withdraw our opinion and judgment dated August 21, 2015, and substitute
the following opinion and judgment in their place. Appellant’s motion for rehearing is dismissed
as moot.
Shakeel Mustafa filed a notice of appeal attempting to challenge the trial court’s order
granting Felix Rippy’s motion to compel arbitration.
We do not have jurisdiction to review a trial court’s interlocutory order granting
arbitration. See Tex. Civ. Prac. & Rem. Code § 171.098(a)(1),(2) (authorizing interlocutory appeal
of trial court order denying application to compel arbitration or granting application to stay
arbitration) (emphases added); Mohamed v. AutoNation USA Corp., 89 S.W.3d 830, 833-34
(Tex. App.—Houston [1st Dist.] 2002, no pet.) (dismissing interlocutory appeal because “no
interlocutory appeal lies from an order granting a motion to compel arbitration under TAA”).
On August 4, 2015, this Court requested that Mustafa file a written response
demonstrating our jurisdiction over this appeal. No response was filed, and we dismissed the appeal
for want of jurisdiction.
Mustafa filed a motion for rehearing contending that we have jurisdiction to
review the trial court’s interlocutory order denying his motion to compel mediation then arbitration.
However, even if the trial court implicitly denied Mustafa’s motion to compel mediation
before arbitration, we lack jurisdiction to review an interlocutory order denying referral of a
matter to mediation. See In re D.C., No. 07-11-00046-CV, 2011 Tex. App. LEXIS 1461, at *3
(Tex. App.—Amarillo Feb. 28, 2011, no pet.) (mem. op.) (“We have no appellate jurisdiction to
review an interlocutory order granting or denying referral of a matter to mediation.”); see also
Tex. Civ. Prac. & Rem. Code § 51.014(a) (providing for interlocutory appeals generally).
We dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).
Jeff Rose, Chief Justice
Before Chief Justice Rose, Justices Pemberton and Field
Dismissed for Want of Jurisdiction on Motion for Rehearing
Filed: September 24, 2015
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