Gossett Jones Homes, Inc. v. Bluebonnet Lane Cityhomes Condominium Association, Inc. ( 2024 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-24-00261-CV
Gossett Jones Homes, Inc., Appellant
v.
Bluebonnet Lane Cityhomes Condominium Association, Inc., Appellee
FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-21-005660, THE HONORABLE MARIA CANTÚ HEXSEL, JUDGE PRESIDING
MEMORANDUM OPINION
Gossett Jones Homes, Inc., attempts to appeal from the trial court’s April 2, 2024
interlocutory “Order Denying Defendants’ Motion for Reconsideration on Motion to Compel
Arbitration.” Interlocutory orders may be appealed only if permitted by statute and only to the
extent jurisdiction is conferred by statute. Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 272
(Tex. 1992). No statute provides the right to appeal an order denying a motion for reconsideration
of a motion to compel arbitration. AXA Fin., Inc. v. Roberts, No. 03-07-00079-CV, 2007 WL
2403210, at *3–4 (Tex. App.—Austin Aug. 23, 2007, no pet.) (mem. op.); see also Tex. Civ. Prac.
& Rem. Code § 171.098 (authorizing interlocutory appeals of orders “denying an application to
compel arbitration” but not of motions to reconsider such denial); Brand FX, LLC v. Rhine,
458 S.W.3d 195, 201 (Tex. App.—Fort Worth 2015, no pet.) (holding that order denying motion
to reconsider was not appealable because arguments therein and in opposition had been heard
already); Nazareth Hall Nursing Ctr. v. Castro, 374 S.W.3d 590, 593–94 (Tex. App.—El Paso
2012, no pet.) (holding that order denying motion to reconsider was not appealable because it was
based on same arbitration agreement that was subject of prior motion to compel, which appellant
did not timely appeal).
On September 12, 2024, the Clerk of this Court informed appellant that it appears
this Court lacks jurisdiction over this matter because the interlocutory order it seeks to appeal from
is not an appealable order. Appellant has filed a response in which it concedes that the Court lacks
jurisdiction over this interlocutory appeal.
Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App.
P. 42.3(a), 43.2(f).
__________________________________________
Thomas J. Baker, Justice
Before Justices Baker, Smith, and Theofanis
Dismissed for Want of Jurisdiction
Filed: October 3, 2024
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