Clarence Lewis III d/b/a Motown Mortgage Group v. Bishop John Hickman, Jr., d/b/a The Living Word Faith Center--Appeal from 400th District Court of Ft. Bend County

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Opinion issued March 3, 2011 In The Court of Appeals For The First District of Texas NO. 01-09-01005-CV 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. 2

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