East Texas Salt Water Disposal Co. v. Werline

The Texas General Arbitration Act (TAA) permits a party to appeal an order “confirming or denying confirmation of an award” or “vacating an award without directing a rehearing.” Tex. Civ. Prac. & Rem.Code § 171.098(a)(8), (5). In this case, the trial court vacated an arbitration award and also refused to confirm it. Had the trial court stopped there, the order would have been final and appealable. But the court also ordered a rehearing. That order makes the trial court’s judgment interlocutory and, in line with almost all decisions in Texas and beyond, ineligible for appeal. By refusing to…