Nexion Humble Health Care, Inc., D/B/A Humble Healthcare Center v. Marjorie Lyman, Ind., and as Sole Surviving Spouse of John D. Lyman ( 2006 )

Opinion issued February 9, 2006

In The

Court of Appeals  

For The

First District of Texas  

---

NO. 01-04-00004-CV

---

NEXION HEALTH AT HUMBLE, INC. D/B/A HUMBLE HEALTHCARE CENTER, Appellant

V.

MARJORIE LYMAN, INDIVIDUALLY, AND AS SOLE SURVIVING SPOUSE OF JOHN D. LYMAN, DECEASED, Appellee

---

On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 2003-48676

---

MEMORANDUM OPINION

          Appellant, Nexion Health at Humble, Inc. d/b/a Humble Healthcare Center (“HHC”) attempts to bring an interlocutory appeal from the trial court’s order denying appellant’s motion to compel arbitration, pursuant to the Texas Arbitration Act. In a related mandamus proceeding arising out of the same trial court action, the Texas Supreme Court has held that the Federal Arbitration Act (“FAA”) applies to this case, not the Texas Arbitration Act. See In re Nexion Health at Humble, Inc., 173 S.W.3d 67, 69, 70 (Tex. 2005) (“In this case, the arbitration agreement is governed by the FAA, which provides no option of interlocutory appeal, therefore, mandamus is available and HHC’s interlocutory appeal is immaterial”). Absent application of the Texas Arbitration Act, this Court has no jurisdiction to consider the interlocutory appeal. See Tex. Civ. Prac. & Rem.Code Ann. § 171.098 (Vernon 2005); Jack B. Anglin v. Tipps, 842 S.W.2d 266, 272 (Tex.1992) (holding mandamus is appropriate remedy for cases applying Federal Arbitration Act).

          Accordingly, we dismiss the interlocutory appeal for want of jurisdiction.

                                                                        Sherry Radack

                                                                        Chief Justice

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