Weizhong Zheng v. Vacation Network, Inc. Appeal from 165th District Court of Harris County (memorandum opinion per curiam)

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Appeal Dismissed and Memorandum Opinion filed November 30, 2017. In The Fourteenth Court of Appeals NO. 14-17-00153-CV WEIZHONG ZHENG, Appellant V. VACATION NETWORK, INC., Appellee On Appeal from the 165th District Court Harris County, Texas Trial Court Cause No. 2013-33555 MEMORANDUM OPINION This is an attempted appeal from an order signed November 25, 2016 granting summary judgment. The record reflects that this is an interlocutory order. The order indicates judgment was entered on appellant’s claims under the Texas Timeshare Act. The order does not address appellee’s counterclaim for attorney’s fees. Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When orders do not dispose of all pending parties and claims, the orders remain interlocutory and unappealable until final judgment is rendered unless a statutory exception applies. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); see also Fleming & Associates, L.L.P. v. Kirklin, 479 S.W.3d 458, 461 (Tex. App.—Houston [14th Dist.] 2015, pet. denied) (per curiam) (“A summary judgment that does not dispose of attorneys’ fees is not a final, appealable order.”). The order on summary judgment does not dispose of all parties and all claims and no statute explicitly provides for an appeal from this interlocutory order. Accordingly, this court does not have jurisdiction over the summary judgment appeal. The appeal is ordered dismissed. PER CURIAM Panel consists of Justices Christopher, Donovan, and Jewell. 2