Unreported / Non-Citable
Background
Byron Breaston’s underlying action against Cox’s Foodarama proceeded to arbitration. Arbitrator Scott Link issued a final award for Foodarama on October 20, 2025. Breaston then filed a notice of nonsuit with prejudice, which the trial court granted by a signed order on November 10, 2025.
Breaston moved to vacate the arbitration award on January 20, 2026, and filed an amended motion on February 13. On March 9, the trial court signed an order stating that it had no jurisdiction to hear the matter. Breaston appealed that order, and Foodarama moved to dismiss the appeal for lack of jurisdiction.
The Court’s Holding
The First Court of Appeals held that the trial court correctly declined to rule on Breaston’s amended motion to vacate because its plenary power had expired. The nonsuit order was final, and the trial court retained jurisdiction for only 30 days after signing it. Its plenary power therefore expired on December 11, 2025, before Breaston filed either version of his motion to vacate.
The appellate court further held that the March 9 order was neither a final judgment nor an appealable interlocutory order. It rejected Breaston’s contention that Chapter 171 of the Texas Civil Practice and Remedies Code independently authorized the appeal merely because the matter involved an arbitration award. Because Breaston did not timely appeal the nonsuit order and the March 9 order was not appealable, the court granted Foodarama’s motion and dismissed the appeal for lack of jurisdiction.
Key Takeaways
- A signed order granting a nonsuit can constitute a final, appealable order and trigger both the trial court’s plenary-power period and the appellate deadline.
- A motion filed after the trial court’s plenary power expires does not restore the court’s jurisdiction to act in the dismissed case.
- Texas arbitration law does not make every post-arbitration ruling independently appealable; the challenged order must fall within an authorized category of appealable orders.
Why It Matters
Parties seeking judicial review of an arbitration award must account for procedural events in the underlying lawsuit, including a nonsuit that ends the case. Waiting until after the trial court loses plenary power may leave the court unable to consider a motion to vacate.
The decision also underscores that an arbitration-related dispute does not dispense with ordinary appellate-jurisdiction requirements. Counsel must identify an appealable order and file a timely notice of appeal from that order.