Woodville Ford, Inc. v. Dealer Computer Services, Inc. ( 2004 )

Opinion issued December 23, 2004

In The

Court of Appeals

For The

First District of Texas

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NO. 01-04-01025-CV

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WOODVILLE FORD, INC., Appellant

V.

DEALER COMPUTER SERVICES, INC., Appellee

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On Appeal from the 190th District Court

Harris County, Texas

Trial Court Cause No. 2004-32780

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MEMORANDUM OPINION

          On this day, the Court considered appellee’s motion to dismiss for want of jurisdiction. Appellee contends that no appeal will lie from an order appointing an arbitrator. We agree.

          Section 171.098 of the Civil Practices and Remedies Code provides as follows: (a)     A party may appeal a judgment or decree entered under this chapter or an order:

(1)denying an application to compel arbitration made under Section 171.021;

(2)granting an application to stay arbitration made under Section 171.023;

(3)confirming or denying confirmation of an award;

(4)modifying or correcting an award; or

(5)vacating an award without directing a rehearing.

Tex. Civ. Prac. & Rem. Code Ann. § 171.098(a) (Vernon Supp. 2002).

          The order complained of in this appeal neither denies an application to compel arbitration nor grants an application to stay arbitration. Rather, the order appoints an arbitrator.

          Chapter 171 does not contain a provision for an appeal to complain about the appointment of an arbitrator. Accordingly, we GRANT appellee’s motion and DISMISS this appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Keyes and Alcala.