Rogue Industries, LLC v. Summit Industrial Construction, LLC, Vee Bar Ltd., Exxonmobil Pipeline Co., and Plains all American Pipeline, L.P. Appeal from 109th District Court of Winkler County (memorandum opinion)
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ROGUE INDUSTRIES, L.L.C., § Appellant, § No. 08-21-00109-CV v. § Appeal from the SUMMIT INDUSTRIAL CONSTRUCTION, LLC, VEE BAR LTD., EXXONMOBIL PIPELINE CO., AND PLAINS ALL AMERICAN PIPELINE, L.P., § 109th District Court § of Winkler County, Texas § (TC# DC20-17913) Appellees. § MEMORANDUM OPINION Rogue Industries, L.L.C., is attempting to appeal an order granting Summit Industrial Construction, L.L.C.’s motion to compel arbitration. We dismiss for want of jurisdiction. Appellate courts have jurisdiction over final judgments and those specific interlocutory orders deemed reviewable by statute. See TEX.CIV.PRAC.& REM.CODE ANN. § 51.014. While orders denying a motion to compel arbitration are subject to interlocutory appeal, orders granting a motion to compel arbitration are not. See Hudnall v. Smith & Ramirez Restoration, L.L.C., No. 08-19-00217-CV, 2019 WL 4668508, at *1 (Tex.App.—El Paso Sept. 25, 2019, no pet.)(mem. op.); Mohamed v. Auto Nation USA Corp., 89 S.W.3d 830, 833 (Tex.App.—Houston [1st Dist.] 2002, no pet.). Consequently, the Court lacks jurisdiction to entertain an interlocutory appeal from the order compelling arbitration. 1 This attempted appeal is dismissed. July 30, 2021 YVONNE T. RODRIGUEZ, Chief Justice Before Rodriguez, C.J., Palafox, and Alley, JJ. On June 18, 2021, the clerk of the Court sent a ten-day letter asking Appellant to show grounds for continuing the appeal. As of this date, we have received no response. 1 2
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