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In this case, the court of appeals dismissed an interlocutory appeal of the trial court’s order denying the defendants’ motion to compel arbitration for want of jurisdiction because the movants failed to establish that the Federal Arbitration Act did not apply. ___ S.W.3d ___, ___. We reverse and remand to the court of appeals to consider the appeal’s merits.*fn1

In 2006, Ron and Tana Schlimmer purchased a house in Corpus Christi from Veronica Ellis. Coldwell Banker Pacesetter Steel Realtors (“Pacesetter”) was the broker in the transaction and Ellis, who worked for Pacesetter, was the home’s listing agent. After purchasing the home, the Schlimmers allegedly discovered various undisclosed defects. The Schlimmers sued Pacesetter and Ellis, alleging claims for fraud, breach of contract, negligent misrepresentation, and violations of the Deceptive Trade Practices Act. Ellis filed a third-party complaint against the builder from whom she purchased the house originally. Ellis’s third-party claim was later severed and the Schlimmers’ lawsuit was set for trial. Ellis and Pacesetter initiated discovery and proceeded with the lawsuit until five months before the trial setting, when their lawyers purportedly discovered a mandatory arbitration clause in the Schlimmers’ real estate contract with Ellis. The clause provided:

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