From Casetext: Smarter Legal Research

Weizhong Zheng v. Vacation Network, Inc.

State of Texas in the Fourteenth Court of Appeals
Nov 30, 2017
NO. 14-17-00153-CV (Tex. App. Nov. 30, 2017)

Opinion

NO. 14-17-00153-CV

11-30-2017

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.


Summaries of

Weizhong Zheng v. Vacation Network, Inc.

State of Texas in the Fourteenth Court of Appeals
Nov 30, 2017
NO. 14-17-00153-CV (Tex. App. Nov. 30, 2017)
Case details for

Weizhong Zheng v. Vacation Network, Inc.

Case Details

Full title:WEIZHONG ZHENG, Appellant v. VACATION NETWORK, INC., Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Nov 30, 2017

Citations

NO. 14-17-00153-CV (Tex. App. Nov. 30, 2017)