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Stolhandske v. Stern3/16/2000
The issue in this case is whether this Court has jurisdiction to consider the trial court's order vacating an arbitration award and ordering a new arbitration proceeding. In this interlocutory appeal, William F. Stolhandske (Stolhandske) appeals the trial court's order vacating an arbitration award against Jeffrey M. Stern; Steve Gordon; Stern & Associates; Stern, Gordon & Schecter; and Stern & Gordon (collectively, Stern & Gordon). Stolhandske also seeks review of the same order by way of petition for writ of mandamus. We dismiss the appeal for want of jurisdiction and deny the petition for writ of mandamus.
BACKGROUND
In 1992, Donna Carrington hired Stolhandske to represent her in a medical malpractice case. Unhappy with his representation, Carrington fired Stolhandske and hired Stern & Gordon. Stolhandske then sued Stern & Gordon over alleged improprieties surrounding his discharge by Carrington.
In 1993, Stolhandske and Stern & Gordon resolved their dispute and entered into a settlement agreement. According to the terms of the agreement, Stolhandske was to receive "40% of all the moneys awarded to Donna Carrington, individually in the Carrington matter." The settlement agreement also contained an arbitration clause.
In 1994, Stern & Gordon settled the Carrington lawsuit for a total of $1.5 million dollars. Stolhandske then sued Stern & Gordon to collect his share of the recovery. Stern & Gordon moved to compel arbitration under the terms of the 1993 settlement agreement, and the trial court abated the case and ordered the parties to arbitrate.
After the arbitration was concluded, Pamela Hoerster, the arbitrator, awarded Stolhandske $68,033. 68 in damages, $40,792.50 in attorney's fees, plus interest and costs. Stern & Gordon filed a motion to modify and/or vacate the arbitration award, contending that the arbitrator had committed a "gross error" in calculating Stolhandske's damages. Stolhandske responded by filing a motion to confirm the arbitration award.
After a hearing on May 22, 1998, the trial court vacated the arbitration award and ordered a new arbitration. The trial court did not rule on Stolhandske's motion to confirm the award. Stolhandske brought both an interlocutory appeal and a mandamus, contending that the trial court erred by vacating the arbitration award.
INTERLOCUTORY APPEAL
The first issue this Court must decide is whether we have jurisdiction to consider the merits of the interlocutory appeal. Unless specifically authorized by statute, we have jurisdiction to review only final judgments. Tex. Civ. Prac. & Rem. Code Ann. ยง 51.012 (Vernon 2000). A judgment is final if it disposes of all issues and parties so that no future action by the trial court will be necessary in order to settle and determine the entire controversy. Wagner v. Warnasch, 295 S.W.2d 890, 892 (Tex. 1956). "It is fundamental error for an appellate court to assume jurisdiction over an interlocutory order when not expressly authorized to do so by statute." Gathe v. Cigna Healthplan of Tex., Inc., 879 S.W.2d 360, 363 (Tex. App.-Houston [14th Dist.] 1994, writ denied). The trial court's order vacating the arbitration award is interlocutory, not a final judgment. Therefore, absent statutory authorization, this Court may not review the propriety of the order.
Under the Texas Arbitration Act, a party may appeal an interlocutory order:
(1) denying an application to compel arbitration made under Section 171.021;
(2) granting an application to stay arbitration made under Section 171.023;
(3) confirming or denying c
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