Associated Air Freight, Inc. v. Meek (67 S.W.3d 249, 2001)

OPINION

TIM TAFT, Justice.

Cause No. 01-00-00994-CV is an attempted, interlocutory, accelerated appeal from an order denying motions by Associated Air Freight, Inc. (Associated), appellant, which sought to enforce an arbitration clause, or, alternatively, to dismiss the cause below under a forum-selection clause. Cause No. 01-00-00843-CV is an original proceeding in which Associated seeks mandamus relief from this Court on similar grounds, and has moved to stay further proceedings in the trial court. We have consolidated the causes to render a decision disposing of both simultaneously. See In re Valero Energy Corp., 968 S.W.2d 916, 916-17 (Tex.1998). We dismiss the interlocutory appeal, and deny mandamus relief, including Associated’s motion for emergency relief.

These causes arise from a lawsuit filed by David Meek, Nancy Meek, and Professional Logistics Management Company, Inc. (PLMC), who are appellees in Cause No. 01-00-994-CV, and real parties-in-interest in Cause No. 01-00-834-CV. The Meeks’ and PLMC’s pleadings state that Associated is a foreign corporation doing business in Texas. The Meeks are Texas residents and PLMC is a Texas corporation. The Meeks and PLMC allege that Associated wrongfully terminated its sales-agency agreement with PLMC, and executed a new sales-agency agreement with a different Texas corporation, Universal Logistics, Inc. (ULI). The Meeks and PLMC claim Associated conspired with their former partners, Myra Hill, Ivy Dane Mims, and David B. Rogers, who formed ULI in breach of duties owed the Meeks and PLMC, and that ULI is the alter ego of Hill, Mims, and Rogers. Shortly after suit was filed, Associated sought to enforce an arbitration provision and a forum-selection clause in its sales-agency agreement with PLMC.

Appeal — Cause No. 01-00-00994-CV

A. No Jurisdiction for Appeal of Denial of Arbitration under the FAA

Associated challenges the trial court’s failure to enforce an arbitration clause under Chapter 171 of the Civil Practice and Remedies Code, which contains the General Arbitration Act (the Texas Act). In requesting relief from the trial court, however, Associated relied on the Federal Arbitration Act, 9 U.S.C. § 1 (1994) (the FAA). While the FAA permits appeals from interlocutory orders denying arbitration, federal procedure does not apply in Texas courts, even when we apply the FAA. Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 272 (Tex.1992); Belmont Constructors, Inc. v. Lyondell Petrochem. Co., 896 S.W.2d 352, 355 (Tex. App. — Houston [1st Dist.] 1995, orig. proceeding). Texas procedure limits this Court’s appellate jurisdiction to review of final orders and judgments, and interlocutory orders expressly authorized by statute. Anglin, 842 S.W.2d at 272. An order denying arbitration under the FAA is neither a final disposition, nor expressly authorized by section 171.098(a)(1)-(5) of the Civil Practice and Remedies Code, nor any other statutory exception. See Anglin, 842 S.W.2d at 272; Stewart Title Guar. Co. v. Mack, 945 S.W.2d 330, 332 (Tex.App.—Houston [1st Dist.] 1997, writ dism’d w.o.j. [leave denied]). Accordingly, we have no jurisdiction to address Associated’s complaint by appeal.

B. No Jurisdiction over Appeal of Interlocutory Refusal to Enforce Forum Selection Clause

Associated also challenges the trial court’s refusal to dismiss this cause based on a contractual forum-selection clause. Here, again, the trial court’s order is not a final disposition of the case, but interlocutory, and none of the statutorily authorized exceptions for interlocutory appeals applies. Accordingly, we lack jurisdiction to address Associated’s complaint by appeal. See Tex.Civ.Prac. & Rem.Code Ann. §§ 51.014, 171.098 (Vernon Supp. 2001); Stewart Title, 945 S.W.2d at 382.

We dismiss the appeal in Cause No. 01-00-0099