Bill Heard Chevrolet, LTD., Bill Heard Chevrolet Corp., and Bill Heard Chevrolet Management, LLC v. Ehiozuwa J. Agonayinma--Appeal from 240th District Court of Fort Bend County

Memorandum Opinion filed October 27, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00748-CV

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BILL HEARD CHEVROLET, LTD., BILL HEARD CHEVROLET CORP., and

BILL HEARD CHEVROLET MANAGEMENT, LLC, Appellants

V.

EHIOZUWA J. AGBONAYINMA, Appellee

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On Appeal from the 240th District Court

Fort Bend County, Texas

Trial Court Cause No. 05-CV-142,432

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M E M O R A N D U M O P I N I O N

Appellants bring this appeal from the trial court=s Order Granting Petition for Rule 202 Deposition. It appears from that order the trial court deferred its ruling on the issue of arbitrability until after the Rule 202 Deposition has been taken.[1]

The trial court=s order granting the Petition for Rule 202 Deposition is not an appealable interlocutory order. Therefore we have no jurisdiction except to declare the interlocutory nature of the order and dismiss the appeal. Tex. R. App. P. 42.3(a); Yancey v. Jacob Stern & Sons, Inc., 564 S.W.2d 487, 488 (Tex.Civ.App.BHouston [1st Dist.] 1978, no writ); Lipshy Motorcars, Inc. v. Sovereign Assoc.'s, Inc., 944 S.W.2d 68, 70 (Tex. App.BDallas 1997, no writ).

The trial court has not ruled on the motion to compel arbitration. Because there is no order denying the motion from which to appeal, we do not have jurisdiction. See City of Galveston v. Gray, 93 S.W.3d 587, 590 (Tex. App.BHouston [14th Dist.] 2002, orig. proceeding).

For these reasons, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 27, 2005.

Panel consists of Justices Fowler, Edelman, and Guzman.

Do Not Publish.

[1] These matters are also before this court in a petition for writ of mandamus, In re Bill Heard Chevrolet, Ltd. d/b/a Bill Heard Chevrolet-Sugar Land, 14-05-00744-CV.