William E. Trump v. Vaughn Arthur Motsko--Appeal from Probate Court No 3 of Harris County

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Opinion issued August 30, 2007

 

 

In The

Court of Appeals

For The

First District of Texas

 

NO. 01-07-00486-CV

 

WILLIAM E. TRUMP, Appellant

 

V.

 

VAUGHN ARTHUR MOTSKO, Appellee

 

On Appeal from Probate Court No. 3

Harris County, Texas

Trial Court Cause No. 371,418-401

 

MEMORANDUM OPINION

This is an attempted interlocutory appeal from the probate court's order denying appellant William E. Trump's motion to abate proceedings and quash his deposition. Trump alleges that conducting the deposition violates the Federal Arbitration Act. See 9 U.S.C. 1-16 (2000). Trump also filed a petition for a writ of mandamus in this Court, which was denied. In re Trump, No. 01-07-00485-CV (Tex. App.--Houston [1st Dist.] June 18, 2007, orig. proceeding) (mem. op.).

There is no statute authorizing an interlocutory appeal from an order granting or denying a request to compel arbitration under the Federal Arbitration Act. Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). The probate court's order is also not a final, appealable order. See Tex. Prob. Code Ann. 5(g) (Vernon Supp. 2006).

We dismiss the appeal for want of jurisdiction. The Clerk of this Court is directed to issue the mandate immediately. See Tex. R. App. P. 18.6.

PER CURIAM

Panel consists of Justices Nuchia, Hanks, and Bland.

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