1 

## NO. 12

- 21

- 00204

- CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

THE TRAVELERS INDEM N

ITY COMPANY , APPELLANT

V.

GRAPELAND INDEPENDENT SCHOOL DISTRICT , APPELLEE §

§

§ APPEAL FROM THE 349TH

JUDICIAL DISTRICT COURT

HOUSTON COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM

The Travelers Indemnity Company ( “Travelers”) attempts to appeal the trial court’s

denial of its motion to dismiss Grapeland Independent School District’s (“ Grapel and ISD ”)
claims agai nst it or stay th e litigation in favor of arbitration

. We dismiss the appeal for want of
jurisdiction

.

B ACKGROUND Grapeland ISD sued Travelers and the Texas Rural Education Association Risk
Management Cooperative (“TREA”) for damages related to a claim settlement. Trave lers filed a

motion to dismiss Grapeland ISD’s claims against it or stay the litigation in favor of arbitration

. After hearing the parties’ arguments , the trial court did not rule on the motion but gave the
parties time to research the issue and send the c ourt case law. No order on the motio n appears in

the clerk’s record.
Travelers filed a notice of appeal asserti ng that the trial court denied the motion in an

email to the parties’ counsel

. On December 6, 2021, t his Court notified the parties that the

C ourt’s jurisdiction was not shown because the record contained no appealable order

, and the2 appeal would be dismi ssed unless jurisdiction was shown by December 16

. 1 Travelers timely
filed a response with the email attached. The p arties subsequently submit ted their briefs on the

merits.

A PPEALABLE O RDER
In their briefs, b oth parties express doubt that the email is an appealable order. We

conclude it is not.
An appeal may be taken from an order refusing a stay of a proceeding in which an issue

is referab le to arbitration. 9 U.S.C. § § 3 , 16 (a)(1)(A)

. A decision is rendered when it is
announced orally in open court or by memorandum filed with the clerk. Schaeffer Homes, Inc.

v. Esterak , 792 S.W.2d 567, 569 (Tex. App.

— El Paso 1990 , no writ). To be effecti ve, all orders
and rulings must be made on the record either in writing or in open court transcribed by the court

reporter. In re Bill Heard Chevrolet, Lt d. , 209 S.W.3d 311, 315 (Tex. Ap p.

— Houston [1st
Dist.] 2006, orig. proceeding). Letters to counsel a re not the kind of documents that constitute a judgment, decision , or order from which an appeal may be taken. G off v. Tuchscherer

, 627
S.W.2d 397, 398

- 99 (Tex. 1982).

The record in this case does not show that an appealable order was rendered. T he

repo rter’s record shows that the trial court did not rule on the motion at th e time of the hearing

. T he email relied on by Travelers does not appear in the clerk’s record. Because the record does

not show that a decision on Travelers’s motion was announced or ally in open court or by

memorandum filed with the cler k

, there is no appealable order for us to review

. See Gof f

, 627

S.W.2d at 398

- 99 ; Bill Heard Chevrolet , 209 S.W.3d at 315; Schaeffer Homes , 792 S.W.2d at

569. Accordingly, we lack jurisdiction over T ravelers’s appe al

.

D ISPOSITION Having found no appealable order in the record , we dismiss the appeal for want of
jurisdiction

. Opinion de livered June 30 , 2022. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

1 See T EX

. R. A PP

. P. 4 2.3( a ) ( a ppellate court may dismiss appeal for want of jurisdiction on its own initiative after giving ten days’ notice to all parties)

.3 

## COURT OF APPEALS

T WELFTH COU RT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JUNE 30 , 2022

NO. 12

- 21

- 00204

- CV

THE TRAVELERS INDEMNITY CO MPANY , Appellant V. GRAPELAND INDEPENDENT SCHOOL DISTRICT , Appellee

Appeal from the 349th District Court

of Houston County, Texas (Tr.Ct. No. 20

- 006 0 )

THIS CAUSE came to be heard on the appellate record and briefs filed

here in ; and the same being consider ed, it is the opinion of this Court that this appeal should be

dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this Court that
this appea l be, and the same is, hereby dismissed for want of jurisdiction ; and that this decision

be certified to th e court below for observance.
By per curiam opinio n

. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.