Opinion
No. 04-17-00639-CV
01-03-2018
Clif MITCHELL, Appellant v. R.D. TIPS, INC., Appellee
MEMORANDUM OPINION
From the 438th Judicial District Court, Bexar County, Texas
Trial Court No. 2015-CI-19661
Honorable Larry Noll, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Rebeca C. Martinez, Justice DISMISSED FOR LACK OF JURISDICTION
On December 8, 2017, appellee filed a motion to dismiss this appeal for lack of jurisdiction asserting the trial court's order granting its motion for summary judgment did not dispose of its claim for attorney's fees. By order dated December 11, 2017, appellant was ordered to file a response to the motion. On December 21, 2017, appellant filed a response asserting appellee has not sought any relief on its claim for attorney's fees, and neither the motion nor the order referred to a "partial" summary judgment.
A summary judgment that does not dispose of all pending parties and claims is not final and appealable. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Because the trial court's order granting appellee's motion for summary judgment did not dispose of the appellee's claim for attorney's fees, the order is not final and appealable. See id. Accordingly, this appeal is dismissed for lack of jurisdiction.
PER CURIAM