Texas Supreme Court Hears Interlocutory Appeal of an Arbitral Order

Last Thursday, the Texas Supreme Court heard oral argument in CMH Homes, Inc. et al. v. Perez, No. 10-0688. At issue in this case of first impression is an interlocutory appeal from an arbitration order filed pursuant to Section 51.016 of the Texas Civil Practice and Remedies Code. Section 51.016 is a recent addition to Code and became effective on September 1, 2009. Section 51.016 states:

Sec. 51.016. APPEAL ARISING UNDER FEDERAL ARBITRATION ACT. In a matter subject to the Federal Arbitration Act (9 U.S.C. Section 1 et seq.), a person may take an appeal or writ of error to the court of appeals from the judgment or interlocutory order of a district court, county court at law, or county court under the same circumstances that an appeal from a federal district court’s order or decision would be permitted by 9 U.S.C. Section 16.

CMH Homes filed a petition for review with the Supreme Court of Texas after the San Antonio Appeals Court dismissed the company’s interlocutory appeal for lack of jurisdiction (No. 04-10-00259-CV).

A video webcast of the oral argument is currently available for download through St. Mary’s University School of Law. Once available, the Supreme Court of Texas will post audio transcripts of the oral argument here.

Last month, Disputing discussed CMH Homes, Inc. in more detail here.

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