Court of Appeals of Texas, Second District, Fort Worth
THE 431ST DISTRICT COURT OF DENTON COUNTY TRIAL COURT NO.
GABRIEL, KERR, and PITTMAN, JJ.
MEMORANDUM OPINION 
Kelly Thomas, who is proceeding pro se, invokes civil
practices and remedies code section 171.098(a)(1) in an
attempt to bring an interlocutory appeal from the trial
court's order denying her "Motion to Compel
Arbitration." See Tex. Civ. Prac. & Rem.
Code Ann. § 171.098(a)(1) (West 2011). Under section
171.098(a)(1), we have jurisdiction to consider an appeal
from a trial court's interlocutory order that denies an
application to compel arbitration made under section 171.021.
See id. Appellees Standard Casualty Company, Mike
Madden, Prestige Claim Service, Mark Anderson, and Scott
Schmidt filed a motion to dismiss on the ground that we lack
jurisdiction over this appeal because, among other reasons,
this appeal is not authorized under section 171.098(a)(1). We
conclude that Thomas's motion to compel arbitration was
not an application to compel arbitration made under section
171.021 and, consequently, that this appeal is not authorized
under section 171.098(a)(1). We therefore grant
Appellees' motion to dismiss, and we dismiss this appeal
for want of subject-matter jurisdiction.
filed a pro se lawsuit against Appellees alleging claims for
breach-of-contract, violations of chapters 541 and 542 of the
insurance code, violations of the Texas Deceptive Trade
Practices Act, and breach of the duty of good faith and fair
dealing. She filed a motion to compel arbitration in which,
broadly construed, she asked the trial court to compel
Appellees to arbitrate her dispute with them pursuant to
business and commerce code section 17.5051, civil practices
and remedies code section 154.021, and insurance code section
541.161. See Tex. Bus. & Com. Code Ann. §
17.5051 (West 2011); Tex. Civ. Prac. & Rem. Code Ann.
§ 154.021 (West 2011); Tex. Ins. Code Ann. §
541.161 (West 2009). Following a hearing, the trial court
denied Thomas's motion. Thomas now attempts an
interlocutory appeal from that order.
appeals may not be taken from interlocutory orders unless
authorized by statute. See Lehmann v. Har-Con Corp.,
39 S.W.3d 191, 195, 200 (Tex. 2001). In her notice of appeal,
the statute upon which Thomas relies as authorizing her
appeal from the trial court's interlocutory order denying
her motion to compel arbitration is civil practices and
remedies code section 171.098(a)(1). That statute provides,
(a) A party may appeal a judgment or decree entered under
this chapter or an order:
(1) denying an application to compel arbitration made under
Tex. Civ. Prac. & Rem. Code Ann. § 171.098(a)(1).
Section 171.021 provides, in pertinent part,
(a) A court shall order the parties to arbitrate on
application of a party showing:
(1) an agreement to arbitrate; and
(2) the opposing party's refusal to ...