Opinion
No. 01-04-00004-CV
Opinion issued February 9, 2006.
On Appeal from the 133rd District Court, Harris County, Texas, Trial Court Cause No. 2003-48676.
Panel consists of Chief Justice RADACK and Justices JENNINGS and ALCALA.
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.