Kim Willis v. Victor Kimmel--Appeal from 151st District Court of Harris County

Dismissed and Memorandum Opinion filed November 4, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00810-CV

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KIM WILLIS, Appellant

V.

VICTOR KIMMEL, Appellee

On Appeal from the 151st District Court

Harris County, Texas

Trial Court Cause No. 02 53925

M E M O R A N D U M O P I N I O N

This is an attempted appeal from an order granting summary judgment, signed May 20, 2004. Appellant filed a motion for new trial on June 17, 2004 and a notice of appeal on August 16, 2004.

Appellee filed a motion to dismiss the appeal, claiming that the summary judgment is interlocutory because appellee=s counterclaims against appellant are pending. Appellant agrees that the counterclaims remain pending and is unopposed to appellee=s motion. The clerk=s record confirms that the summary judgment is interlocutory.

Absent a statutory exception, an appellate court may not review an order that is not final. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex.2001). An order is not final for purposes of an appeal unless it actually disposes of every pending claim. Id. at 205.

Accordingly, we grant appellee=s motion and order this appeal dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 4, 2004.

Panel consists of Justices Yates, Edelman, and Guzman.