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Merfish Holdings, Ltd., Jacobson Holdings, Ltd., and RMG Properties v. VisteelI., Ltd. Tex-Tube Co. & TT Investment Co. ( 2002 )


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  • Opinion issued May 9, 2002





















    In The

    Court of Appeals

    For The

    First District of Texas  



    NO. 01-02-00062-CV

    ____________



    MERFISH HOLDINGS, LTD., JACOBSON HOLDINGS, LTD.,

    AND RMG PROPERTIES, INC., Appellants



    V.



    VISTEEL I, LTD., TEX-TUBE COMPANY,

    AND TT INVESTMENT COMPANY, Appellees



    On Appeal from the 113th District Court

    Harris County, Texas

    Trial Court Cause No. 2001-56968



    O P I N I O N  

    In this accelerated case, appellants, Merfish Holdings, Ltd., Jacobson Holdings, Ltd., and RMG Properties, Inc. (collectively "the Merfish Group"), challenge the trial court's December 17, 2001 order denying their motion to stay the proceeding and compel arbitration between them and appellees, ViSteel I, Ltd., Tex-Tube Company, and TT Investment Company (collectively "the ViSteel Group").

    The arbitration clauses at issue are contained in two joint venture agreements entered into in 1994. All parties agree that the business of the joint ventures involved interstate commerce. The Federal Arbitration Act applies to all suits in state and federal court when the dispute concerns a "contract evidencing a transaction involving commerce." Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 269-70 (Tex. 1992) (orig. proceeding).

    Mandamus, not interlocutory appeal, is the proper means for reviewing an order denying arbitration under the Federal Arbitration Act. Cantella & Co., Inc. v. Goodwin, 924 S.W.2d 943, 945 (Tex. 1996) (orig. proceeding); Anglin, 842 S.W.2d at 272. Thus, we have no jurisdiction to consider this interlocutory appeal, and we must dismiss it for want of jurisdiction. See Belmont Constructors, Inc. v. Lyondell Petrochemical Co., 896 S.W.2d 352, 356 (Tex. App.--Houston [1st Dist.] 1995, no writ).







    Conclusion

    We dismiss the Merfish Group's interlocutory appeal of the trial court's December 17, 2001 order for want of jurisdiction. (1)  





         Frank C. Price

    Justice



    Panel consists of Justices Nuchia, Radack, and Price. (2)  

    Do not publish. Tex. R. App. P. 47.

    1.

    In a parallel proceeding, the Merfish Group has also filed a petition for writ of mandamus challenging the trial court's December 17, 2001 order. We address the merits of the Merfish Group's claims in that proceeding. In re Merfish Holdings, Ltd., Jacobson Holdings, Ltd., and RMG Properties, Inc., 01-02-00062-CV, 2002 WL _____ (Tex. App.--Houston [1st Dist.] May 9, 2002, no pet. h.).

    2.

    The Honorable Frank C. Price, former Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.