Nazareth Hall Nursing Center v. Maria Guadalupe Castro
374 S.W.3d 590
| Tex. App. | 2012Background
- Nazareth Hall Nursing Center sought to compel arbitration after Castro filed age and disability discrimination claims; Nazareth Hall was not a signatory to the arbitration agreement Castro signed.
- Castro claimed the arbitration agreement was illusory because Nazareth Hall could unilaterally amend the policies; she argued no valid arbitration contract existed.
- Trial court denied Nazareth Hall’s motion to compel arbitration; Nazareth Hall then moved to reconsider, which the trial court denied.
- Nazareth Hall filed a notice of appeal arguing jurisdiction under §51.016 and the FAA §16, challenging the denial of its motion to reconsider.
- The court held that an appeal from the denial of a motion to reconsider is not independently appealable under §51.016 or FAA §16, and dismissed for want of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an appeal from a denial of a motion to reconsider is immediately appealable | Nazareth Hall argues the denial is appealable under §51.016. | Castro argues the denial of reconsideration is not an independently appealable order. | Not appealable; jurisdiction dismissed. |
| Whether the FAA §16 and §51.016 permit an interlocutory appeal from the order denying arbitration | Nazareth Hall relied on §16 to appeal the denial. | Court limited §16 to orders denying arbitration, not reconsideration. | Section 16 does not authorize an appeal from denial of reconsideration. |
| Whether Nazareth Hall could have timely appealed the order denying arbitration | Appeal from the denial of arbitration should have been timely under §51.016. | Nazareth Hall delayed filing, resulting in missed accelerated-appeal deadline. | No timely appeal; jurisdiction lacking. |
Key Cases Cited
- CMH Homes v. Perez, 340 S.W.3d 444 (Tex. 2011) (interlocutory appellate limits for arbitration-related orders)
- Texas La Fiesta Auto Sales, LLC v. Belk, 349 S.W.3d 872 (Tex. App.—Houston [14th Dist.] 2011) (section 51.016 and FAA interplay in interlocutory appeals)
- J.B. Hunt Transp., Inc. v. Hartman, 307 S.W.3d 804 (Tex. 2010) (FAA‑styled interlocutory appeal standards)
- In re K.A.F., 160 S.W.3d 923 (Tex. 2005) (strict construction of interlocutory-appeal statutes)