Opinion issued March 3, 2011
Court of Appeals
First District of Texas
CLARENCE LEWIS, III D/B/A MOTOWN MORTGAGE, Appellant
JOHN L. HICKMAN, J.R., D/B/A THE LIVING WORD FAITH CENTER,
On Appeal from the 400th District Court
Fort Bend County, Texas
Trial Court Case No. 09-DCV-169880
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.
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
Panel consists of Justices Jennings, Higley, and Brown.