Opinion
No. 13-06-603-CV.
Opinion delivered and filed December 28, 2006.
On appeal from the 138th District Court of Cameron County, Texas.
Before Chief Justice VALDEZ AND JUSTICES YAÑEZ AND GARZA.
MEMORANDUM OPINION
This is an attempted appeal from an order granting an interlocutory motion for summary judgment signed August 15, 2006. Appellant filed a notice of appeal on September 13, 2006.
On October 23, 2006, appellant filed a motion to stay, abate, withdraw, and/or dismiss the appeal, asserting that the underlying summary judgment is not final. According to appellant, the summary judgment order did not dispose of all issues and all claims involving all parties to the lawsuit, nor did it purport to be a final judgment. Appellee has not filed a response to appellant's motion.
Absent a statutory source of authority to review an interlocutory order, our appellate jurisdiction is limited to final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A judgment is final for purposes of appeal if it disposes of all parties and claims pending in the case, or if it states with "unmistakable clarity" that it is a final judgment as to all claims and parties. Id. at 192-93. If the record does not affirmatively demonstrate our jurisdiction, the appeal must be dismissed. Southwest Invs. Diversified, Inc. v. Estate of Mieszkuc, 171 S.W.3d 461, 467 (Tex.App.-Houston [14th Dist.] 2005, no pet.).
Based on our review of appellant's motion, we do not have jurisdiction over this appeal. Accordingly, appellant's motion is granted as specified herein, and the appeal is ordered dismissed.