The opinion
Opinion issued January 29, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-25-00853-CV
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ISAIAH OMOREGIE, Appellant
V.
TPS WILL CLAYTON, LLC, LYFT, INC., ROTIMI BABASOLA, AND
AYTODELE PETER OLAWUNI, Appellees
On Appeal from the 270th District Court
Harris County, Texas
Trial Court Case No. 2024-17617
MEMORANDUM OPINION
Appellant is attempting to appeal from an order, signed September 22, 2025,
granting a motion to compel arbitration and stay trial court proceedings, filed by
appellee Lyft, Inc. Appellee has filed a motion to dismiss the appeal for lack of
jurisdiction. The certificate of conference indicates that appellant opposed the
motion, but appellant has filed no response.
Appellee asserts that the order appellant is attempting to appeal is an
unappealable interlocutory order. Appellate courts have jurisdiction to review
interlocutory orders only if a statute explicitly confers jurisdiction. See Stary v.
DeBord, 967 S.W.2d 352, 352–53 (Tex. 1998). “When a party attempts to appeal a
non-appealable interlocutory order, we have no jurisdiction except to dismiss the
appeal.” Cantu Servs., Inc. v. United Freedom Ass’n, Inc., 329 S.W.3d 58, 63 (Tex.
App.—El Paso 2010, no pet.).
An order compelling arbitration is not reviewable by interlocutory appeal but
may be appealed from a final judgment in the case. See Human Biostar, Inc. v.
Celltex Therapeutics Corp., 514 S.W.3d 844, 847 (Tex. App.—Houston [14th Dist.]
2017, pet. denied). This interlocutory order is not made appealable by the Federal
Arbitration Act. See id. (citing 9 U.S.C.A. §16(b)(1),(3)). No Texas statute permits
appeal from this type of order. See TEX. CIV. PRAC. & REM. CODE § 51.016 (order
under the Federal Arbitration Act is not appealable unless appeal is permitted under
9 U.S.C.A. §16); Brown v. Horizon Owners Ass’n, Inc., No. 04-17-00159-CV, 2017
WL 3159442, at *1 (Tex. App.—San Antonio July 26, 2017, no pet.) (noting that
neither Federal Arbitration Act nor Texas Arbitration Act permit interlocutory
appeals from orders compelling arbitration). Accordingly, we lack jurisdiction over
this appeal.
We grant appellee’s motion and dismiss the appeal. See TEX. R. APP. P.
42.3(a). Any other pending motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Guerra, Caughey, and Dokupil.