Clarence Lewis III D/B/A Motown Mortgage Group v. Bishop John Hickman, Jr., D/B/A the Living Word Faith Center

Opinion

Opinion issued March 3, 2011

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-01005-CV

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Clarence Lewis, III d/b/a Motown Mortgage, Appellant

V.

John L. Hickman, J.R., d/b/a the Living Word Faith Center, Appellee

On Appeal from the 400th District Court

Fort Bend County, Texas

Trial Court Case No. 09-DCV-169880

MEMORANDUM OPINION

          Clarence Lewis III d/b/a Motown Mortgage appeals the trial court’s rendering of summary judgment for Bishop John L. Hickman Jr. d/b/a The Living Word Faith Center.  The record shows, however, that Hickman’s counterclaim has not been disposed of by the trial court.  Because the order granting summary judgment does not dispose of all claims and all parties, it is not a final order or judgment.  See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001).  If a trial court has not entered a final and appealable order, we have jurisdiction to hear an interlocutory appeal only if authorized by statute.  Stary v. DeBord, 967 S.W.2d 352, 352–53 (Tex. 1998).  After being notified that this appeal was subject to dismissal and given a opportunity to respond, neither side responded.  We therefore dismiss for want of jurisdiction.  See Tex. R. App. P. 42.3(a) (allowing involuntary dismissal of case). 

This cause  is dismissed for want of jurisdiction.  All pending motions are denied.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Brown.