Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

TEXACO, INC., TEXACO EXPLORATION AND PRODUCTION, INC., AND CHEVRON U.S.A., INC.,                                     Appellants, v. JOE R. CLARK, MAURICE MEYER, III, AND JOHN R. NORRIS, III, CO-TRUSTEES OF TEXAS PACIFIC LAND TRUST,                                     Appellees.	§ § § § § §  §  §	No. 08-08-00067-CV Appeal from  143rd District Court of Reeves County, Texas (TC # 04-01-17857-CVR)

O P I N I O N

            Chevron U.S.A., Inc., Texaco, Inc., and Texaco Exploration and Production, Inc. (collectively referred to as CUSA), appeal from an order denying a motion to confirm various arbitration awards. Section 171.098(a)(3) of the Texas General Arbitration Act (TGAA) authorizes an appeal from an order confirming or denying confirmation of an arbitral award. Tex.Civ.Prac.&Rem.Code Ann. § 171.098(a)(3)(Vernon 2005). But the TGAA is inapplicable to the arbitration agreement at issue because it was made on December 10, 1954. Tex.Civ.Prac.&Rem.Code Ann. § 171.002(a)(5) (TGAA does not apply to arbitration agreements made before January 1, 1966). Because there is no basis for appellate jurisdiction under either the TGAA or the Federal Arbitration Act, we dismiss the appeal for want of jurisdiction.

January 27, 2010                                                        

                                                                                    ANN CRAWFORD McCLURE, Justice

Before Chew, C.J., McClure, J., and Ables, Judge (Ret.)

Ables, Judge (Ret.), sitting by assignment, not participating