Opinion

Jaime Rolando Montelongo v. Design Tech Commercial Distributing, L.L.C

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Aug 11, 2011
Status
Published
Cited by
0 cases
Authority
More cited than 42.2%

The opinion

Opinion issued August

11, 2011.

In The

Court of Appeals

For The

First District of

Texas

NO. 01-10-00741-CV

____________

JAIME ROLANDO MONTELONGO, Appellant

V.

DESIGN TECH COMMERCIAL DISTRIBUTING, L.L.C., Appellee

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 940870

MEMORANDUM OPINION

Jaime

Rolando Montelongo appeals from the summary judgment order signed by the trial

court on May 28, 2010.

Generally,

appeals may be taken only from final judgments. Lehmann

v. Har-Con Corp ., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be appealed only if

authorized by statute. Bally Total Fitness Corp. v. Jackson , 53

S.W.3d 352, 352 (Tex. 2001). Here, the

record reveals that no final judgment has been entered. The trial court’s “Judgment on Summary

Judgment and Default Judgment” awarding appellee remuneration fails to address Montelongo’s

counterclaim for breach of contract raised in his “First Supplement to

Defendant’s Original Answer (Subject to Motion to Transfer Venue).” The summary judgment is an interlocutory

order since it does not dispose of the Montelongo’s counter-claim for breach of

contract. Consequently, the order

granting appellee’s motion for summary judgment remains an interlocutory order

until the trial court disposes of Montelongo’s counterclaim.

On January

24, 2011, the Court notified the parties of its intent to dismiss the appeal

for want of jurisdiction unless appellant filed a response demonstrating this

court’s jurisdiction on or before February 7, 2011. See Tex. R. App. P. 42.3(a). Appellant has

not filed a response.

Accordingly,

we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a),

43.2(f). We dismiss all pending motions

as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices

Sharp and Brown.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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