Case Information
*1 C HIEF J USTICE L ISA M ATZ C AROLYN W RIGHT C LERK OF THE C OURT (214) 712-3450 J USTICES theclerk@5th.txcourts.gov D AVID L. B RIDGES M OLLY F RANCIS G AYLE H UMPA D OUGLAS S. L ANG B USINESS A DMINISTRATOR E LIZABETH L ANG -M IERS (214) 712-3434 R OBERT M. F ILLMORE gayle.humpa@5th.txcourts.gov Court of Appeals L ANA M YERS D AVID E VANS F ACSIMILE Fifth District of Texas at Dallas D AVID L EWIS (214) 745-1083 A DA B ROWN 600 C OMMERCE S TREET , S UITE 200 C RAIG S TODDART I NTERNET D ALLAS , T EXAS 75202 B ILL W HITEHILL WWW . TXCOURTS . GOV /5 THCOA . ASPX (214) 712-3400 D AVID J. S CHENCK
September 22, 2015 Mr. Thomas Clark
Ms. Jill Malouf
Clark, Malouf & White, L.L.P.
12222 Merit Drive, Suite 340
Dallas, Texas 75251
RE: Court of Appeals Number: 05-15-00916-CV
Trial Court Case Number: DC-15-04034
Style: GeoTag, Inc. v. Lawrence P. Howorth
Dear Counsel:
The Court has reviewed the clerk’s record and has a question concerning our jurisdiction over the appeal. Specifically, there does not appear to be an appealable order. This Court has jurisdiction only over appeals from final judgments and those interlocutory orders specifically authorized by statute. See Lehmann v. Har-Con Corp. , 39 S.W.3d 191, 195 (Tex. 2001). A final judgment is one that disposes of all parties and all claims. See id .
Appellant is appealing the trial court’s order granting a motion to compel arbitration. A party may appeal an order denying a motion to compel arbitration. See T EX . C IV . P RAC . & R EM . C ODE A NN . § 171.098(a)(1) (West 2011). There is no statutory authority for appealing an order granting a motion to compel arbitration. See Brooks v. Pep Boys Automotive Supercenters , 104 S.W.3d 656, 660 (Tex. App.—Houston [1st Dist.] 2003, no pet.).
So that this Court can determine its jurisdiction over the appeal, appellant is requested to file, by OCTOBER 2, 2015 , a letter brief of no more than 3 pages explaining how this Court has jurisdiction over the appeal. Appellee may file a responsive letter brief of no more than 3 pages within 10 days of appellant’s brief. No extension of time will be granted. If either party will be relying on information not in the record before this Court, that party must obtain a supplemental
clerk’s record from the trial court containing that information.
We suspend the current deadline for appellant’s brief on the merits . After it has received briefs regarding the jurisdictional issue, the Court will either: (1) dismiss the appeal for want of jurisdiction; or (2) notify the parties by letter that the Court appears to have jurisdiction *2 over the appeal and of the new deadline for appellant’s brief. We caution appellant that failure to file a jurisdictional brief by OCTOBER 2, 2015 , may result in dismissal of the appeal without further notice.
Respectfully, /s/ Lisa Matz, Clerk of the Court cc: Mr. William Dunn
Dunn Sheehan, LLP
3400 Carlisle St., Suite 200
Dallas, Texas 75204
LM/rz
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