In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-07-613 CV ____________________

CROCHET & BOREL SERVICES, INC. d/b/a C&B SERVICES, INC. and CHARYS HOLDING COMPANY, INC., Appellants

V.

CERTIFIED/LVI ENVIRONMENTAL SERVICES, INC., LVI ENVIRONMENTAL SERVICES OF NEW ORLEANS, INC., LVI ENVIRONMENTAL SERVICES, INC. (A FLORIDA CORPORATION), and LVI ENVIRONMENTAL SERVICES, INC. (AN OKLAHOMA CORPORATION),

Appellees

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On Appeal from the 60th District Court Jefferson County, Texas Trial Cause No. B-177,721

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MEMORANDUM OPINION

Crochet & Borel Services, Inc. d/b/a C&B Services, Inc. and Charys Holding Company, Inc., filed a notice of appeal of two orders, both signed November 19, 2007, which vacated an order staying arbitration and denied a motion to stay arbitration. The appellees, Certified/LVI Environmental Services, Inc., LVI Environmental Services of New Orleans, Inc., LVI Environmental Services, Inc. (A Florida Corporation), and LVI Environmental Services, Inc. (An Oklahoma Corporation), filed a motion to dismiss this accelerated appeal. The appellants did not file a response to the appellees' motion to dismiss the appeal.

Interlocutory orders may be appealed only if permitted by statute. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352 (Tex. 2001). The Texas Arbitration Act authorizes an appeal of an order (1) denying an application to compel arbitration; (2) granting an application to stay arbitration; (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 (Vernon 2005). In this case, the trial court denied a motion to stay arbitration and stayed the case pending resolution of arbitration. An appeal from this order is not authorized by Section 171.098 of the Texas Civil Practice and Remedies Code. Id. The appellants failed to identify a statutory authorization for this appeal. The appellees' motion to dismiss is granted and the appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

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STEVE McKEITHEN

Chief Justice

Opinion Delivered January 24, 2008

Before McKeithen, C.J., Kreger and Horton, JJ.