Opinion
No. 05-06-01336-CV
Opinion Filed February 8, 2007.
On Appeal from the 254th Judicial District Court. Dallas County, Texas. Trial Court Cause No. 00-16831-R.
DISMISS.
Before Justices MORRIS, LANG, and LANG-MIERS.
MEMORANDUM OPINION
On October 4, 2006, appellant filed a notice of appeal in this case indicating that he was appealing the trial court's July 11, 2006 order granting appellee's motion for summary judgment. On January 16, 2007, appellant filed his brief in which he concedes the summary judgment order did not dispose of all claims and all parties. An order that does not dispose of all claims and all parties is not final. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). An appeal may be taken only from a final judgment. Id.
We deny as moot appellee's January 16, 2007 Expedited Motion to Dismiss Appellant's Appeal. We further deny appellee's January 16, 2007 motion to the extent it asks that we render judgment for appellee and sanction appellant. We also deny as moot appellee's January 31, 2007 Motion to Set Deadline for Response to and/or Motion for Extension of Time to File Response to Appellee's Expedited Motion to Dismiss Appellant's Appeal.
We dismiss the appeal for want of jurisdiction.