ROBERTO J. RUIZ AND LARI L. RUIZ v. MAYOR AND COMMISSION OF THE CITY OF BROWNSVILLE, TEXAS--Appeal from 404th District Court of Cameron County

State: Texas

Court: Criminal Court of Appeals

Docket No: 13-08-00550-CV

Case Date: 12/16/2010

Plaintiff: ROBERTO J. RUIZ AND LARI L. RUIZ

Defendant: MAYOR AND COMMISSION OF THE CITY OF BROWNSVILLE, TEXAS--Appeal from 404th District Court of Cameron

Preview:MBNA America Bank, N.A. v. Donna Perese; Wolpoff
& Abramson, LP--Appeal from County Court at Law
No 3 of Bexar County
MEMORANDUM OPINION
No. 04-05-00929-CV
MBNA America Bank, N.A.,
Appellant
v.
Donna PERESE,
Appellee
From the County Court at Law No. 3, Bexar County, Texas
Trial Court No. 291391
Honorable David J. Rodriguez, // Judge Presiding
PER CURIAM
Sitting: Sarah B. Duncan, Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: February 22, 2006
DISMISSED FOR LACK OF JURISDICTION
MBNA America Bank, N.A. appeals the trial court s order denying MBNA s motion for a summary judgment on its
claim to confirm an arbitration award under the Federal Arbitration Act and its motion to compel arbitration under the
file:///C|/Users/Peter/Desktop/opinions/PDFs1/18999.html[8/20/2013 7:48:00 PM]

Federal Arbitration Act of any claim that survives its motion for a summary judgment.
An order denying a motion for summary judgment is interlocutory and therefore may not be appealed unless
authorized by statute. See Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex.1998);Cincinnati Life Ins. Co. v. Cates, 927
S.W.2d 623, 625 (Tex.1996). Texas statutory law does not authorize an interlocutory appeal from the trial court s
refusal to enforce an arbitration agreement pursuant to the Federal Arbitration Act. See Jack B. Anglin Co. v. Tipps,
842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).
On February 1, 2006, we ordered MBNA to file, on or before February 10, 2006, a response showing cause why this
appeal should not be dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a). MBNA responded to our show
cause order by acknowledg[ing] that a Petition of Writ of Mandamus, rather than an interlocutory appeal, may provide
a more appropriate method for challenging the District Court s refusal to Confirm MBNA s [Federal Arbitration Act]
award through the issuance of summary judgment in MBNA s favor and by withdrawing its notice of interlocutory
appeal.
We therefore dismiss this appeal for lack of jurisdiction.
PER CURIAM
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