In the Interest of J.H., a Child--Appeal from 278th District Court of Madison County

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State: Texas

Court: Texas Northern District Court

Docket No: 10-08-00163-CV

Case Date: 12/10/2008

Plaintiff: Robert Lindsey Greene, Jr.

Defendant: State of Texas--Appeal from 355th District Court of Hood County

Preview:Crochet & Borel Services, Inc. d/b/a C&B Services, Inc.,
and Charys Holding Company, Inc. v. Certified LVI
Environmental Services, Inc., LVI Enviromental
Services of New Orleans, Inc., LVI Enviromental
Services, Inc. (A Florida Corporation), and LVI
Enviromental Services, Inc. (An Oklahoma
Corporation)--Appeal from 60th District Court of
Jefferson County
In The
Court of Appeals
Ninth District of Texas at Beaumont
NO. 09-07-613 CV
CROCHET & BOREL SERVICES, INC. d/b/a C&B SERVICES, INC. and
CHARYS HOLDING COMPANY, INC., Appellants
V.
CERTIFIED/LVI ENVIRONMENTAL SERVICES, INC.,
LVI ENVIRONMENTAL SERVICES OF NEW ORLEANS, INC.,
LVI ENVIRONMENTAL SERVICES, INC. (A FLORIDA CORPORATION), and
LVI ENVIRONMENTAL SERVICES, INC. (AN OKLAHOMA CORPORATION),
Appellees
On Appeal from the 60th District Court
Jefferson County, Texas
Trial Cause No. B-177,721
MEMORANDUM OPINION
Crochet & Borel Services, Inc. d/b/a C&B Services, Inc. and Charys Holding Company, Inc., filed a notice of appeal
of two orders, both signed November 19, 2007, which vacated an order staying arbitration and denied a motion to stay
arbitration. The appellees, Certified/LVI Environmental Services, Inc., LVI Environmental Services of New Orleans,
Inc., LVI Environmental Services, Inc. (A Florida Corporation), and LVI Environmental Services, Inc. (An Oklahoma
Corporation), filed a motion to dismiss this accelerated appeal. The appellants did not file a response to the appellees'
motion to dismiss the appeal.
Interlocutory orders may be appealed only if permitted by statute. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352
(Tex. 2001). The Texas Arbitration Act authorizes an appeal of an order (1) denying an application to compel
arbitration; (2) granting an application to stay arbitration; (3) confirming or denying confirmation of an award; (4)
modifying or correcting an award; or (5) vacating an award without directing a rehearing. Tex. Civ. Prac. & Rem.
Code Ann. 171.098 (Vernon 2005). In this case, the trial court denied a motion to stay arbitration and stayed the case
pending resolution of arbitration. An appeal from this order is not authorized by Section 171.098 of the Texas Civil
Practice and Remedies Code. Id. The appellants failed to identify a statutory authorization for this appeal. The
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appellees' motion to dismiss is granted and the appeal is dismissed for lack of jurisdiction.
APPEAL DISMISSED.
STEVE McKEITHEN
Chief Justice
Opinion Delivered January 24, 2008
Before McKeithen, C.J., Kreger and Horton, JJ.
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