Fritz Management, LLC, Fries Restaurant Management, LLC, and Sun Holdings, Inc. v. Alfortish Contractors, LLC, 04-22-00572-CV

Appellants filed a notice of interlocutory appeal on Sept. 2, 2022 challenging the trial court’s denial of their motion to compel arbitration.
The clerk’s record did not include a signed written order; it contained unsigned, typewritten judge’s notes stating “Motion to Compel Arbitration DENIED on the grounds of waiver.”
Texas Rule of Appellate Procedure 26.1 requires an appeal to be filed within 20 days after the judgment or order is signed; interlocutory appeals must be perfected from a signed, written order.
Texas precedent holds that judge’s notes are for the judge’s convenience, form no part of the record, and do not constitute an appealable order.
Because no signed order appears in the record, the court concluded it appears to lack jurisdiction and ordered appellants to show cause by Oct. 10, 2022 why the appeal should not be dismissed; failure to respond would result in dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction to hear interlocutory appeal when clerk’s record lacks a signed order	Appellants: timely filed notice of interlocutory appeal from denial of motion to compel arbitration	Appellee: only unsigned judge’s notes exist; judge’s notes are not a signed order and are not part of the record	Court: Appears to lack jurisdiction without a signed written order; ordered appellants to show cause why appeal should not be dismissed

In re A.W., 384 S.W.3d 872 (Tex. App.—San Antonio 2012) (judge’s notes are for the judge’s convenience and form no part of the record)